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title-34•Title 34 — Professions and Businesses
This chapter may be cited as the Public Accountancy Act of 2003.
(Acts 1973, No. 997, p. 1510, §1; Act 2003-393, p. 1114, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section:
(1) AICPA. The American Institute of Certified Public Accountants.
(2) ATTEST. Providing the following services:
a. Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS).
b. Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS).
c. Any engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).
d. Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB).
e. The statements on standards specified in this definition shall be adopted by reference by the board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations such as the AICPA and PCAOB.
(3) BOARD. The Alabama State Board of Public Accountancy created by Section 34-1-3, except the special meaning applicable only to Section 34-1-4.
(4) COMPILATION. Providing a service of any compilation engagement to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS).
(5) FIRM. A sole proprietorship, partnership, professional corporation, professional association, limited liability company, limited liability partnership, or any other form of business entity now or hereafter recognized by Alabama law.
(6) LICENSE. A certificate issued pursuant to Section 34-1-4, a permit issued pursuant to Section 34-1-11, registration pursuant to Section 34-1-8; or, in each case, a certificate or permit issued pursuant to corresponding provisions of prior law, or the practice privilege provided pursuant to Section 34-1-7.
(7) LICENSEE. The holder of a license.
(8) OWNER. Any person who holds an ownership interest in a firm.
(9) PEER REVIEW. The study, appraisal, or review of one or more aspects of the professional work of a licensee or firm that performs attest or compilation services, by a person or persons who hold licenses and who are not affiliated with the licensee or firm being reviewed.
(10) PREPARATION OF FINANCIAL STATEMENT. Providing a service of any preparation of financial statements engagement to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS).
(11) REPORT. a. When used in reference to any attest or compilation service, an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the insurer or the report of names or titles indicating that the person or firm is an accountant or auditor or from the language of the report itself.
b. The term report includes any form of language that disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing such language. The term report includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.
(12) STATE. Any state, territory, or insular possession of the United States or the District of Columbia.
(Acts 1973, No. 997, p. 1510, §21; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1; Act 2009-620, p. 1794, §1; Act 2014-178, p. 515, §1; Act 2018-106, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is created a board of public accountancy in and for the State of Alabama, to be known as the Alabama State Board of Public Accountancy. The board shall consist of seven members appointed by the Governor and confirmed by the Senate. Members of the board shall be citizens of the United States and residents of the state. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Commencing October 1, 2019, six members of the Alabama State Board of Public Accountancy shall be certified public accountants in good standing with the board and one member of the board shall be a public member who is not under the jurisdiction of the board, but shall at the time of his or her appointment be an active and reputable member of the Alabama business community who possesses a knowledge and understanding of financial transactions and financial statements. The persons and their successors shall constitute the Board of Public Accountancy and shall have and exercise all the powers and authority vested by law in the board.
(b) All appointments shall be effective on October 1 for four-year terms, unless an appointment is made for an unexpired term.
(c) The Alabama Society of Certified Public Accountants shall, at least 30 days prior to the beginning of any term or within 30 days after any position on the board becomes vacant, submit to the Governor the names of five persons qualified for membership on the board for the certified public accountant position and public member position to be filled, and the Governor shall appoint one of the five nominees. Upon the failure of the Alabama Society of Certified Public Accountants to submit timely nominations for a position on the Board of Public Accountancy, the Board of Public Accountancy may submit nominations for the position to the Governor, who shall appoint one of the five nominees.
(d) No person who has served two successive complete terms on the board shall be eligible for reappointment until after the lapse of one year. An appointment to fill an unexpired term shall not be considered a complete term. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and confirmed by the Senate. Within 15 days after their confirmation by the Senate, the members of the board shall take an oath before any person lawfully authorized to administer oaths in this state to faithfully and impartially perform their duties as members of the board, and the same shall be filed with the Secretary of State. The Governor shall remove from the board any accountant-member whose permit to practice has become void, has been revoked, or suspended, or may, after a hearing, remove any member of the board for neglect of duty or just cause.
(e) The board annually shall elect a chair, a vice-chair, and a secretary from its members.
(f) The board may adopt and amend rules pursuant to the Administrative Procedure Act for the orderly conduct of its affairs and for the administration of this chapter.
(g) A majority of the board shall constitute a quorum for the transaction of business.
(h) The board shall have a seal which shall be judicially noticed.
(i) The board shall keep records of its proceedings and of any proceeding in court, civil or criminal, arising out of or founded upon this chapter. Copies of the records certified as correct under the seal of the board shall be admissible in evidence to prove the content of the records.
(j) The board shall maintain an annual register which shall contain the names, arranged alphabetically by classification, of all licensees under this chapter; the names of the members of the board; and all other information deemed proper by the board. The board may charge a fee in an amount set by it for furnishing the annual register to persons who request it.
(k) The board shall employ an executive director who is a certified public accountant in good standing with the board and such other personnel as may be needed, including, but not limited to, certified public accountants in good standing with the board, and shall arrange for such assistance, services, supplies, and equipment as it requires for the performance of its duties. The number of employees, their compensation, and all other expenses of the board shall be paid at such rates and in such amounts as the board shall approve. The executive director and other employees of the board shall not be subject to or governed by the state Merit System law but shall be entitled to all benefits accruing to Merit System employees including, but not limited to, the right to accumulate leave, participate in the Employees’ Retirement System, and participate in the State Employees’ Health Insurance Plan.
(l) The board may adopt and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity in the profession of public accountancy. At least 60 days prior to the adoption of any rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a permit issued under Section 34-1-11, with a notice advising him or her of the proposed effective date of the rule or amendment and requesting that he or she submit comments thereon at least 15 days prior to the effective date; the comments shall be advisory only. Failure to receive by mail the rule, amendment, or notice by all permit holders shall not affect the validity of any rule or amendment.
(m) Each member of the board shall be paid the same per diem and travel allowance paid to state employees for each day the member is actively engaged in the official business of the board out of the funds of the board.
(n) Any records, information, or writings obtained or kept by the Board of Public Accountancy in connection with a peer review program which the board is authorized to establish by rule, or obtained or kept by the board in connection with a disciplinary investigation shall be held in confidence. If, pursuant to a disciplinary investigation, probable cause for a hearing is found by the board, records, information, or writings upon which the finding is based shall be available to the licensee under investigation. Records, information, and writings held in confidence shall not be disclosed to any person except to the extent necessary to carry out the purposes of the peer review program, the investigation, or this chapter; pursuant to a court order for the production of evidence or the discovery thereof; or pursuant to litigation involving the Board of Public Accountancy wherein the records, information, or writings are relevant to the issue in litigation. Notwithstanding the foregoing, with respect to peer review programs deemed acceptable to the board which are performed by other organizations, the board shall require that the peer review processes be operated and documents maintained in a manner designed to preserve confidentiality, and that neither the board nor any third party, other than an oversight body, shall have access to documents furnished or generated in the course of the review.
(Acts 1973, No. 997, p. 1510, §2; Acts 1988, No. 88-136, p. 196, §3; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1; Act 2016-55, p. 76, §3; Act 2018-106, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) If each of the following qualifications is met, the certificate of certified public accountant shall be granted by the board to any person:
(1) Who is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(2) Who has attained the age of 19 years.
(3) Who is of good moral character.
(4) Who meets the following educational requirements:
a. A person shall have earned a college degree from a four-year college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities, with a concentration in accounting or what the board determines to be substantially the equivalent of a concentration in accounting. Persons who, on May 16, 1989, have previously taken the uniform written CPA examination shall be considered to meet these qualifications.
b. After January 1, 1995, any person who has not previously sat for the uniform CPA examination shall have completed a total of 150 semester hours or 225 quarter hours of postsecondary education, including a baccalaureate degree at a college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities. The total education program shall include an accounting concentration as defined by the board and other course work as the board may require by regulation.
(5)a. Who has successfully passed a uniform examination, administered by the board or its designee, in accounting and auditing and in any other related subjects as the board deems necessary, including, but not limited to, business law and taxation, to maintain the highest standard of proficiency in the profession of public accounting.
b. After January 1, 2016, in order to be eligible for an initial sitting for the uniform CPA examination, a person shall have completed a total of 120 semester hours or 180 quarter hours of education, including a baccalaureate degree at a college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities.
(b)(1) Examinations provided for in this chapter shall be given by the board as often as necessary, but not less frequently than twice each year. The board shall, after each examination, notify applicants of the results.
(2) The board may issue certificates under the signature and the official seal of the board, pursuant to this chapter.
(c) The board shall charge each person certified under subsection (e) and each candidate an application fee for the uniform CPA examination in an amount determined by the board. Examination and reexamination fees shall be charged by the board, or its designee, in amounts determined by the board for each subject in which a candidate is examined. The applicable fees shall be paid to the board, or its designee, by the candidate at the time he or she applies for examination or reexamination.
(d) Persons who, on May 16, 1989, held certified public accountant certificates issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. The certificates issued shall, for all purposes, be considered certificates issued under this chapter and subject to this chapter.
(e) The board may waive the examination under subdivision (a)(5), and may issue a certificate as a certified public accountant to any person paying the application fee provided in subsection (c) who possesses the qualifications specified in subdivisions (a)(1) through (a)(3), and what the board determines to be substantially the equivalent of the applicable qualifications under subdivision (a)(4), and who is the holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of any state.
(f) The board may make appropriate regulations to govern the issuance of a certificate as a certified public accountant to the holder of a certificate, license, or degree which is then in full force and effect in any foreign country constituting a recognized qualification for the practice of public accounting in the country, comparable to that of a certified public accountant of this state.
(Acts 1973, No. 997, p. 1510, §3; Acts 1989, No. 89-812, p. 1620, §1; Acts 1992, No. 92-179, p. 327, §3; Act 2003-393, p. 1114, §1; Act 2008-133, p. 192, §3; Act 2015-163, §1.)
The board may, in its discretion and upon application and the payment of an initial registration fee not in excess of $100, permit the registration of any person with good moral character who is the holder of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country. A person so registered shall use only the title under which he is generally known in his or her own country, followed by the name of the country from which he or she received his or her certificate, license, or degree.
(Acts 1973, No. 997, p. 1510, §4.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A firm engaged in this state in the practice of public accounting may register with the board as a firm of certified public accountants provided it meets all of the following requirements:
(1) At least 51 percent of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members, or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid certificate issued under Section 34-1-4. Although firms may include nonlicensee owners, the firm and its ownership must comply with rules promulgated by the board.
(2) Each certified public accountant owner regularly engaged within this state in the practice of public accounting as a member of the firm shall be a certified public accountant of this state in good standing except as provided in subdivision (4) of this subsection or when practicing pursuant to Section 34-1-7.
(3) Each resident manager in charge of an office of a firm in this state whose main office is outside this state shall be a certified public accountant of this state in good standing except as provided in subdivision (4) of this subsection.
(4) Certified public accountants (CPAs) from other jurisdictions transferring into Alabama shall be required to obtain an Alabama reciprocal certificate within 24 months from the date of transfer.
(5) Any CPA firm as defined in this chapter may include nonlicensee owners provided that:
a. The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board.
b. All nonlicensee owners are active individual participants in the CPA firm or affiliated entities.
c. A nonlicensee is prohibited from being an owner if he or she has previously held a license.
d. All nonlicensee owners shall register annually with the board, pay an annual registration fee in an amount determined by the board, and report the satisfaction of any annual continuing education requirements that the board may impose by rule on nonlicensee owners.
e. The firm complies with such other requirements as the board may impose by rule.
(6) Firms which fall out of compliance with this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time to take such corrective action. Failure to bring the firm back into compliance within a reasonable period of time as defined by the board will result in the suspension or revocation of the firm permit.
(b) Application for registration shall be made upon the affidavit of an owner of the firm who is a certified public accountant of this state in good standing. The board shall in each case determine whether the firm is eligible for registration. A firm which is registered and which holds a permit issued under Section 34-1-11 may use the words “certified public accountants” or the abbreviation “CPAs” in connection with the name of the firm. Notification shall be given the board, within one month, after the admission to or withdrawal of an owner from any firm registered.
(Acts 1973, No. 997, p. 1510, §5; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1; Act 2009-620, p. 1794, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Subject to subsection (b), a person who is licensed as a certified public accountant in another state whose principal place of business is not in this state shall have all the privileges of a certified public accountant in this state without the need to obtain a certificate or permit under this chapter or to notify or register with the board and may offer or render professional services in this state, whether in person or by mail, telephone, or electronic means, without any notice, fee, or other submission under this chapter.
(b) A person exercising the practice privilege granted in subsection (a) and any firm that employs the person, as a condition of the grant of the privilege, are deemed to consent to all of the following:
(1) The personal and subject matter jurisdiction and disciplinary authority of the board and the courts of Alabama.
(2) Compliance with this chapter and any rules promulgated by the board.
(3) That the person shall cease offering or rendering professional services under the practice privilege personally and on behalf of a firm if the license of the person from the state by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, is no longer valid.
(4) To the appointment of any out-of-state board by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, to be his or her agent for the purpose of service of process in any action or proceeding by the board in this state against the person.
(Acts 1973, No. 997, p. 1510, §6; Act 2009-620, p. 1794, §1.)
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.
(Acts 1973, No. 997, p. 1510, §7.)
(a) A firm engaged in this state in the practice of public accounting may register with the board as a firm of public accountants provided it meets all of the following requirements:
(1) At least 51 percent of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to certified public accountants or public accountants of this state in good standing with a valid permit to practice. Although public accountant firms may include nonlicensee owners, the firm and its ownership must comply with rules promulgated by the board.
(2) Any public accountant firm as defined in this chapter may include nonlicensee owners provided that:
a. The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board.
b. All nonlicensee owners are active individual participants in the public accountant firm or affiliated entities.
c. A nonlicensee is prohibited from being an owner if they have previously held a license.
d. All nonlicensee owners shall register annually with the board, pay an annual registration fee in an amount determined by the board, and report the satisfaction of any annual continuing education requirements that the board may impose by rule on nonlicensee owners.
e. The firm complies with such other requirements as the board may impose by rule.
(3) Firms which fall out of compliance with this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time to take such corrective action. Failure to bring the firm back into compliance within a reasonable period of time as defined by the board will result in the suspension or revocation of the firm permit.
(b) Application for registration shall be made upon the affidavit of an owner of the firm who is a certified public accountant or public accountant of this state in good standing. The board shall in each case determine whether the firm is eligible for registration. A firm which is registered and which holds a permit issued under Section 34-1-11 may use the words “public accountants” or the abbreviation “P.A.’s” in connection with the name of the firm. Notification shall be given the board, within one month, after the admission to or withdrawal of an owner from any firm registered.
(Acts 1973, No. 997, p. 1510, §8; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1.)
(a) Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, firm of certified public accountants, a public accountant, firm of public accountants, or by one registered under Section 34-1-5 shall be registered annually under this chapter with the board, but no fee shall be charged for registration. Each office shall be under the direct supervision of a licensee holding a permit under Section 34-1-11, which is in full force and effect. Notwithstanding the foregoing, the title or designation “certified public accountant” or the abbreviation “CPA” shall not be used in connection with the office unless the licensee is the holder of a certificate as a certified public accountant under Section 34-1-4 and a permit issued under Section 34-1-11, both of which are in full force and effect. The licensee may serve in such capacity at one office only. The board shall by regulation prescribe the procedure to be followed in effecting registrations.
(b) No firm or office not located in this state, even if it is engaged in business in this state, shall be required to register under this section.
(Acts 1973, No. 997, p. 1510, §9; Acts 1995, No. 95-516, p. 1038, §1; Act 2009-620, p. 1794, §1.)
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.
(Acts 1973, No. 997, p. 1510, §10; Acts 1989, No. 89-812, p. 1620, §1; Acts 1992, No. 92-179, p. 327, §3; Act 2003-393, p. 1114, §1; Act 2008-133, p. 192, §3; Act 2018-106, §1.)
(a) After notice and hearing as provided in Section 34-1-14, the board may suspend for a period not to exceed three years or revoke any certificate issued under Section 34-1-4, or any registration granted under Section 34-1-5 or 34-1-8, or any practice privilege granted pursuant to Section 34-1-7; may revoke, suspend, or refuse to renew any permit issued under Section 34-1-11; or may censure the holder of any permit or any practice privilege for any one or any combination of the following causes:
(1) Fraud or deceit in obtaining a certificate as a certified public accountant, registration under this chapter, or a permit to practice public accounting under this chapter.
(2) Dishonesty, fraud, or gross negligence in the practice of public accounting.
(3) Any violation of Section 34-1-16.
(4) Any violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter.
(5) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(6) Conviction of a felony under the laws of any state or of the United States.
(7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or a public accountant by any other state for any cause other than failure to pay an annual registration fee in the other state.
(8) Suspension or revocation of the right to practice before any state or federal agency.
(9) Failure to be legally present in this state or to become a citizen of the United States within six years by any person not a citizen of the United States when he or she received a certificate as a certified public accountant or was registered as a public accountant under this chapter.
(10) Failure to apply for an annual permit to practice or to be placed on the board’s inactive roll within any of the following time periods:
a. Six months from the expiration date of the permit to practice last obtained or renewed pursuant to Section 34-1-11(a).
b. Six months from the expiration date of the last annual renewal of his or her certificate pursuant to Section 34-1-11(b).
c. 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 under Section 34-1-11(a) or his or her name was never placed on the board’s inactive roll under Section 34-1-11(b), unless the failure is excused by the board pursuant to Section 34-1-11.
(11) Conduct discreditable to the public accounting profession.
(12) Failure of a certificate holder or registrant to furnish evidence of satisfaction of requirements of continuing education as required by the board pursuant to Section 34-1-11 or to meet any conditions in respect of continuing education which the board may have ordered with respect to the certificate holder under that section.
(13) Failure to comply with the provisions and requirements of the board’s peer review program.
(14) Failure to comply with this chapter or rules promulgated by the board under this chapter or failure to comply with professional standards.
(15) Making any false or misleading statement or verification in support of an application for a certificate, registration, or permit filed by another.
(b) In addition to the disciplinary powers granted pursuant to subsection (a), the board may singly, or in combination with any other disciplinary action, levy and collect administrative fines for violations of this chapter or the rules and regulations of the board of not more than five thousand dollars ($5,000) for each violation.
(Acts 1973, No. 997, p. 1510, §11; Acts 1989, No. 89-812, p. 1620, §1; Acts 1992, No. 92-179, p. 327, §3; Act 2003-393, p. 1114, §1; Act 2008-133, p. 192, §3; Act 2009-620, p. 1794, §1; Act 2018-106, §1.)
(a) After notice and hearing as provided in Section 34-1-14, the board shall revoke the registration and permit to practice of a firm if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
(b) After notice and hearing as provided in Section 34-1-14, the board may revoke or suspend the registration of a firm or may revoke, suspend, or refuse to renew its permit under Section 34-1-11 to practice, or may censure the holder of any permit for any of the causes enumerated in Section 34-1-12 or for any of the following additional causes:
(1) The revocation or suspension of the certificate or registration or the revocation, suspension, or refusal to renew the permit to practice of any licensee.
(2) The cancellation, revocation, suspension, or refusal to renew the authority of the firm or any owner thereof, to practice public accounting in any other state for any just cause other than failure to pay an annual registration fee in the other state.
(Acts 1973, No. 997, p. 1510, §12; Acts 1995, No. 95-516, p. 1038, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Commencement of proceeding. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charges shall be served on the accused not less than 30 days prior to the date of said hearing either personally or by mailing a copy thereof by registered or certified mail to the address of the accused last known to the board.
(c) Failure to appear. If, after having been served with the notice of hearing as provided for herein, the accused fails to appear at said hearing and defend, the board may proceed to hear evidence against him or her and may enter such order as shall be justified by the evidence, which order shall be final unless he or she petitions for a review thereof as provided herein; provided, that within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.
(d) Counsel; witnesses; cross-examination. At any hearing the accused may appear in person or by counsel, produce evidence and witnesses on his or her own behalf, cross-examine witnesses and examine such evidence as may be produced against him or her. A professional association or corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused shall be entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses on his or her behalf.
(e) Subpoenas; testimony; deposition.
(1) In all matters pending before it, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materials, or other evidence. Any person failing or refusing to appear or testify regarding any matter about which he or she may be lawfully questioned or to produce any papers, books, records, documentary evidence, or materials or other evidence in the matter to be heard, after having been required by order of the board or by subpoena of the board to do so, may, upon application by the board to any circuit judge of the State of Alabama, be ordered to comply therewith, and upon failure to comply with the order of the circuit judge, the court may compel obedience by attachment as for contempt, as in the case of disobedience of a similar order or subpoena issued by the court. The chairman and the secretary of the board shall have the authority to issue subpoenas, and any board member shall have authority to administer oaths to witnesses or to take their affirmation. A subpoena or other process or paper may be served upon any person named therein, anywhere within the State of Alabama, with the same fees and mileage, by any officer authorized to serve subpoenas or such other process or paper in civil actions, in the same manner as is prescribed by law for subpoenas issued out of the circuit courts of this state, the fees and mileage and other costs including witness fees and mileage to be paid as the board directs.
(2) Deposition may be taken within or without the State of Alabama in the manner provided for by the laws of Alabama and the Alabama Rules of Civil Procedure for the taking of depositions in matters pending in the circuit courts of this state. The depositions shall be returnable to the clerk of the circuit court of the county wherein the hearing before the board is pending, and the clerk shall deliver the depositions to the board upon request, and the depositions may be opened or used by the parties to the proceedings the same as is provided for in matters pending before the circuit courts.
The circuit court shall, upon request of any interested party in any proceedings before the board, issue commissions for the taking of depositions in the same manner as is provided by law for the issuance of commissions for the taking of depositions in matters pending before the circuit courts of this state.
(f) Evidence. The board shall not be bound to observe formal rules of pleading or evidence.
(g) Record. A stenographic record of hearings shall be kept and a transcript thereof filed with the board.
(h) Attorney for the board. At all hearings, the Attorney General of this state, or one of his or her assistants designated by him or her, or such other legal counsel as may be employed by the board, shall appear and represent the board and participate in the presentation of any matter before the board.
(i) Decision. Any decision of the board shall be by majority vote thereof.
(j) Review by court.
(1) Anyone adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the Circuit Court of Montgomery County within 30 days after the entry of the order. The petition shall contain or have attached thereto a true copy of the order complained of and shall state the grounds upon which the review is asked and shall pray that the order of the board be modified or set aside in whole or in part. A copy of such petition shall be forthwith served upon any member of the board, and thereupon the board shall certify and file in the court a copy of its order and a complete transcript of the record upon which the order complained of was entered. The case shall then be tried and heard on the record made before the board, without the introduction of new or additional evidence, but the parties shall be permitted to file briefs. The court may affirm, modify, or set aside the board’s order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the board’s order pending its determination of the case. The court’s decision shall have the force and effect of a judgment.
(2) From the judgment of the circuit court, either the board or the affected party who invoked the review may appeal directly to the Supreme Court of Alabama by taking such appeal within 42 days after the date of the making of and entering of its judgment by the circuit court. The affected party so appealing shall give security for the costs of such appeal to be approved by the register or clerk of the circuit court. No such security shall be required of the board.
(Acts 1973, No. 997, p. 1510, §13.)
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.
(Acts 1973, No. 997, p. 1510, §14; Act 2009-620, p. 1794, §1.)
AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
No person shall assume or use the title or designation “certified public accountant,” the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a certificate as a certified public accountant under Section 34-1-4 and if in public practice, holds a permit issued under Section 34-1-11, which is not revoked or suspended, hereinafter referred to as a live permit, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or the person is practicing pursuant to Section 34-1-7; provided, however:
(1) A foreign accountant who has registered under Section 34-1-5 and who holds a live permit issued under Section 34-1-11 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which the certificate, license, or degree was received.
(2) No firm with an office in this state shall provide attest services or assume or use the title or designation “certified public accountants” or the abbreviation “CPAs” or any other title, designation, words, letters, signs, abbreviation, card, or device tending to indicate that the firm is composed of certified public accountants, unless the firm is registered as a firm of certified public accountants under Section 34-1-6, holds a live permit issued under Section 34-1-11, and all of the offices of the firm in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, and ownership of the firm is in accord with this chapter and rules promulgated by the board.
(3) No person shall assume or use the title or designation “public accountant,” the abbreviation thereof, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a public accountant, unless the person is registered as a public accountant under Section 34-1-8, holds a live permit issued under Section 34-1-11, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10 or unless the person has received a certificate as a certified public accountant under Section 34-1-4, holds a live permit issued under Section 34-1-11, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10.
(4) No firm shall provide attest services or assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants, unless the firm is registered as a firm of public accountants under Section 34-1-9, or as a firm of certified public accountants under Section 34-1-5, holds a live permit issued under Section 34-1-11, and all of the offices of the firm in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10.
(5) No person or firm shall assume or use the title or designation “accredited accountant,” “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “AA,” “CA,” “LA,” “RA,” or similar abbreviations likely to be confused with “CPA” or “PA.” The title “enrolled agent” or “EA” may be used by only individuals so designated by the Internal Revenue Service. Notwithstanding the foregoing, any person who holds a live permit issued under Section 34-1-11, and all of whose offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or who is practicing pursuant to Section 34-1-7, may hold himself or herself out to the public as an “accountant” or “auditor.” A foreign accountant registered under Section 34-1-5 who holds a live permit issued under Section 34-1-11 and all of whose offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received the certificate, license, or degree.
(6) No person shall sign or affix his or her name or any trade or assumed name used in the person’s profession or business, with any wording indicating that he or she has expert knowledge in accounting or auditing, to any opinion, report, or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, unless he or she holds a live permit issued under Section 34-1-11, and all of the offices in this state for the practice of public accounting are maintained and registered under Section 34-1-10, or unless the person is practicing pursuant to Section 34-1-7. Notwithstanding the foregoing, this subdivision shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the financial affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization, nor shall this subdivision prohibit any act of a public official or public employee in the performance of their duties.
(7) No person shall sign or affix the name of the firm, with any wording indicating that it is a firm composed of accountants or auditors or persons having expert knowledge in accounting or auditing, to any opinion, report, or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, unless the firm holds a live permit issued under Section 34-1-11, and all of its offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or the person is practicing pursuant to Section 34-1-7.
(8) No person shall assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a firm, in conjunction with the designation “and company” and “and co.” or a similar designation if there is in fact no bona fide firm registered under Section 34-1-6 or Section 34-1-9, unless the person is practicing pursuant to Section 34-1-7. No person holding a certificate or registration or firm holding a permit under this chapter or person practicing pursuant to Section 34-1-7 shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers, or shareholders of the firm, or about any other matter. This section shall not prevent a firm or its successors from continuing to practice under a firm name which consists of or includes the name or names of one or more former owners.
(9) Only licensees holding a valid permit to practice or practicing pursuant to Section 34-1-7 may issue a report on financial statements of any other person, firm, organization, or governmental unit or otherwise offer to render any attest service, as defined herein. This restriction does not prohibit any act of a public official or public employee in the performance of that person’s duties as such; or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. This restriction also does not apply to nonlicensees, who may prepare financial statements and issue reports thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).
(10) Licensees and individuals who have practice privileges under Section 34-1-7 performing attest or compilation services must provide those services in accordance with professional standards.
(11) Nonlicensees may not use language in any statement relating to the affairs of a person or entity which is conventionally used by licensees in reports on financial statements or on any attest service as defined in Section 34-1-2. In this regard, the board shall issue, by rule, safe harbor language nonlicensees may use in connection with such financial information. Notwithstanding the foregoing, nonlicensees may use the following disclaimer language in connection with financial statements to not be in violation of this chapter:
“I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).
“I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”
(12) No holder of a certificate issued under Section 34-1-4 or a registration issued under Section 34-1-8, except a person practicing pursuant to Section 34-1-7, shall perform attest services in any firm that does not hold a valid permit to practice issued under Section 34-1-11.
(13) No individual licensee shall issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under Section 34-1-11 unless the report discloses the name of the business through which the individual is issuing the report, and the individual:
a. Signs the compilation report identifying the individual as a certified public accountant or public accountant.
b. Undergoes no less frequently than once every three years, a peer review conducted in such manner as the board shall by rule specify.
(14) Nothing herein shall prohibit a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney’s professional work in the practice of law.
(Acts 1973, No. 997, p. 1510, §15; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1; Act 2009-620, p. 1794, §1; Act 2014-178, p. 515, §1.)
(a) Nothing contained in this chapter shall prohibit any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant, a public accountant, or a firm composed of certified public accountants or public accountants holding a permit to practice issued under Section 34-1-11; or a foreign accountant registered under Section 34-1-5, or a person practicing pursuant to Section 34-1-7; provided, that the employee or assistant shall not issue any accounting or financial statements or reports over his or her name.
(b) Nothing contained in this chapter shall prohibit a certified public accountant of another state, or an accountant who holds a certificate, license, or degree in a foreign country, constituting a recognized qualification for the practice of public accounting in the country, from practicing in this state in conformity with Section 34-1-7 and the regulations and rules of professional conduct promulgated by the board.
(Acts 1973, No. 997, p. 1510, §16; Acts 1995, No. 95-516, p. 1038, §1; Act 2009-620, p. 1794, §1; Act 2014-178, p. 515, §1.)
Whenever it appears to the board that any person has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of Section 34-1-16, the board may in its own name bring action in an appropriate court for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or such other order as may be appropriate may be granted by such court without bond; and, such proceeding may be maintained regardless of whether proceedings have been or may be instituted before the board, or whether criminal proceedings have been or may be instituted.
(Acts 1973, No. 997, p. 1510, §17.)
Any person who violates any provision of Section 34-1-16 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than 12 months.
(Acts 1973, No. 997, p. 1510, §18.)
The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant” or any abbreviation thereof, or “public accountant” or any abbreviation thereof, shall be prima facie evidence in any action brought under Section 34-1-18 or 34-1-19 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device, and that such person is holding himself out to be a certified public accountant or a public accountant holding a permit to practice under Section 34-1-11, or practicing pursuant to Section 34-1-7. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.
(Acts 1973, No. 997, p. 1510, §19; Act 2009-620, p. 1794, §1.)
(a) All statements, records, schedules, working papers, and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of the accountant, in the absence of an express written agreement between the accountant and the client to the contrary. No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or the personal representative or assignee of the client, to anyone other than one or more surviving owners or new owners of the firm of the accountant. All statements, records, schedules, working papers, or memoranda prepared by a certified public accountant or public accountant in the performance of a practice monitoring program or peer review, conducted by the board shall be and become the property of the board immediately upon preparation or compilation, and shall be remitted to the board promptly upon completion of the review. The board may retain, archive, or destroy all or any portion of same. The information shall be deemed confidential. Notwithstanding the foregoing, nothing in this section shall be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in effect from time to time with respect to reporting on the examination of financial statements or as prohibiting the disclosure in court proceedings, in investigations or proceedings conducted by the board or the designees of the board, or in ethical investigations conducted by private professional organizations. In addition, nothing in this section shall be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews.
(b) A licensee shall furnish to a client or former client, upon request and reasonable notice:
(1) A copy of the licensee’s working papers, to the extent that such working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client.
(2) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received for the client’s account; the licensee may make and retain copies of such documents of the client when they form the basis for work done by the licensee.
(Acts 1973, No. 997, p. 1510, §20; Acts 1995, No. 95-516, p. 1038, §1; Act 2003-393, p. 1114, §1.)
All fees and charges provided for in this chapter shall be paid to the board and, upon collection thereof, shall be deposited in the State Treasury to the credit of the Alabama State Board of Public Accountancy, except for the examination fees collected by the board’s designee as provided for in Section 34-1-4. The State Treasurer shall keep all moneys in a separate fund to be known as “Fund of the Alabama State Board of Public Accountancy,” which fund shall be expended and drawn against solely for the purposes of this chapter as herein provided. For the purpose of carrying out the objects of this chapter and for the exercise of the powers herein granted, the board shall have the power to direct the disbursement of the fund. All compensation, expenses, and charges incurred for the purposes of this chapter shall be paid from the fund and shall be paid on warrant of the state Comptroller upon certificate or voucher of the treasurer of the board, and of such separate fund such sums as are necessary are hereby appropriated. No compensation, expenses, or charges incurred under this chapter shall be a charge against the general funds of this state, and no part of the special fund herein provided shall revert to the general funds of the state. Fees and charges provided for in this chapter shall be in addition to any licenses which are now or may hereafter be levied on behalf of the state or any political subdivision thereof.
(Acts 1973, No. 997, p. 1510, §22; Act 2003-393, p. 1114, §1.)
For the purpose of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise:
(1) ADMINISTRATIVE EMPLOYEE. An individual who engages in clerical duties for a licensed company, whose work is restricted to office duties, and who has access to sensitive client information including, but not limited to, Social Security numbers, customer privacy codes, customer passwords, and similar information.
(2) ADMINISTRATIVE FINE. A monetary fine assessed by the board for unlicensed activity or by an individual, company, corporation, firm, or business entity.
(3) ALARM MONITORING COMPANY. Any individual, company, corporation, partnership, or business, or a representative or agency thereof, authorized to provide alarm monitoring services for alarm systems or other similar electronic security systems whether the systems are maintained on commercial business property, public property, or individual residential property.
(4) ALARM SYSTEM. Burglar alarms, security cameras, or other electrical or electronic device used to prevent or detect burglary, theft, shoplifting, pilferage, and other similar losses. The term does not include any fire detection, fire alarm, or fire communication system.
(5) ALARM VERIFICATION. A reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user by telephone or other electronic means to determine whether an alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, if the initial attempted contact is not made, a second reasonable attempt to make a contact utilizing a different telephone number or electronic address or number.
(6) BURGLAR ALARM. An assembly of equipment and devices, or a single device such as a solid-state unit which plugs directly into an AC line, designed to detect an unauthorized intrusion or an attempted robbery at a protected premises or signal public police or private guards to respond, or both.
(7) CLOSED CIRCUIT TELEVISION SYSTEM (CCTV). A combination of electronic equipment and devices designed and arranged for the viewing, monitoring, or recording of video signals transmitted from transmitters, such as cameras, to receivers, such as monitors, digital video recorders, and network video recorders (NVR) through a closed cable or other video signal transmission method.
(8) ELECTRONIC ACCESS CONTROL SYSTEM. A system that is used as a process to grant or deny an individual access to a specific area or object based upon his or her possession of an item, a code, or physical characteristic.
(9) HVAC SYSTEM. Heating, ventilation, or air conditioning devices or mechanisms to provide heating or cooling to a building or other structure or the devices used to control the temperature of the heating or cooling devices in a building or other structure.
(10) INSTALLATION. The initial placement of equipment or the extension, modification, or alteration of equipment after initial placement.
(11) LOCKSMITH.
a. An individual or business entity in a commercial, residential, or automotive setting that does any of the following for compensation or other consideration:
Repairs locks.
Rebuilds locks.
Rekeys locks.
Services locks.
Adjusts locks.
Installs locks or mechanical locking devices.
Installs or services egress controls devices.
Installs or services vaults and safety deposit boxes, including those services performed by safe technicians.
Subject to the exception for key duplication provided in subparagraph b.1., creates transponder keys and any other automotive keys and electronic operating devices connected to motor vehicles.
Subject to the exception for key duplication provided in subparagraph b.1., creates automotive key fobs, automotive proximity keys, smart keys, door and ignition key devices, or successive electronic or other high security key technology.
Uses any other method of bypassing a locking mechanism of any kind including, but not limited to, shimming a lock or picking and popping a lock.
b. The term does not include any of the following:
(i) Transponder keys and any other automotive keys and electronic operating devices connected to motor vehicles.
(ii) Automotive key fobs, automotive proximity keys, smart keys, door and ignition key devices, or successive electronic and other high security key technology.
An individual or business entity that does not advertise providing locksmith services to the public.
An individual or business entity that is licensed by the board on July 1, 2018, to install or service electronic access control systems, provided any lock being serviced or installed has electronic access control capabilities.
Police, fire, medical, or other government or emergency personnel performing activities within the scope of their official duties.
An individual operating a licensed towing and recovery service who does not advertise services as a locksmith or otherwise perform locksmith services.
An individual or business entity who owns or manages property, or his or her agent, and who does not advertise services as a locksmith to the public.
(12) MONITORING STATION. A location where alarm signals are received as a part of an alarm system and then relayed via operator to law enforcement officials.
(13) QUALIFYING AGENT. A licensee of the board who serves in a management and supervisory position with a company.
(14) SALESPERSON. An individual who, for financial compensation or in exchange for a thing of value, sells goods or services to the public on behalf of any company, business, or other entity that sells, services, or installs alarm systems, CCTV systems, electronic access control systems, or mechanical locks.
(15) SERVICE. Necessary repair in order to return the system to operational condition.
(16) SYSTEM INSTALLER. An individual or business entity that offers to undertake, represents itself as being able to undertake, or does undertake the installation, service, or monitoring of alarm systems, CCTV systems, electronic access control systems, or mechanical locking systems for the public for any type of compensation or in exchange for a thing of value.
(Acts 1997, No. 97-711, p. 1465, §1; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2010-399, p. 655, §1; Act 2013-221, p. 513, §1; Act 2014-160, p. 459, §1; Act 2018-548, §1; Act 2023-278, §1; Act 2025-333, §1.)
(a) The Alabama Electronic Security Board of Licensure is created.
(b) The board, which shall reflect the racial, gender, geographic, urban and rural, and economic diversity of the state, shall consist of the following members, who are citizens of this state, appointed by the Governor, and subject to confirmation by the Alabama Senate:
(1) Two members representing the alarm system industry selected from five nominees submitted by the Alabama Alarm Association.
(2) One member of the Alabama Consulting Engineers Association selected from three nominees submitted by that association.
(3) One member of the Alabama Sheriffs Association selected from three nominees submitted by that association.
(4) One member who is a locksmith selected from three nominees submitted by the Alabama Locksmith Association.
(5) A person who is a representative of the consumers of the state.
(c)(1) The terms of the board members shall be four years.
(2) Of these members first appointed, two shall be appointed to four-year terms, two for three-year terms, and one for a two-year term.
(3) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Governor, subject to the nominating process specified in subsection (b).
(4) No member shall serve more than two successive four-year terms.
(5) A member shall serve until a successor is appointed and assumes office.
(d) Members shall be paid out of the funds of the board the same per diem as prescribed by law for state employees for each day of attendance of a board or committee meeting.
(e) Meetings shall be held at least four times per year. Special meetings shall be held at the call of the chair or by a majority of the members.
(f)(1) The board may adopt rules of proceedings.
(2) Three members of the board who are physically present shall constitute a quorum.
(3) The board shall elect a chair and a vice chair on an annual basis. The chair or vice chair shall call meetings of the board to order.
(4) Members of the board may participate in a board meeting by means of video conference pursuant to the Alabama Open Meetings Act. Participation by video conference shall qualify as attendance at a meeting in person. The board may not conduct official business unless at least three members of the board are physically present at the board meeting. Attendance by phone without video conference capability does not constitute attendance at a board meeting.
(5) Members of a committee of the board may attend a committee meeting by means of video conference pursuant to the Alabama Open Meetings Act. Participation by video conference shall qualify as attendance at a meeting in person. Except as otherwise provided, a committee may not issue an order or render a decision unless legal counsel for the board and a member of the administrative or management staff of the board is physically present. If legal counsel for the board is not a member of the committee, only the physical presence of one member of the administrative or management staff of the board and one committee member is required to conduct committee business if the remainder of the quorum of the committee is satisfied by the attendance of committee members by means of video conference. A majority of committee members shall be physically present to constitute a quorum, conduct official committee business, or render a decision. Attendance by phone without video conference capability does not constitute attendance at a committee meeting.
(Acts 1997, No. 97-711, p. 1465, §2; Act 2006-541, p. 1250, §1; Act 2008-94, p. 122, §3; Act 2018-548, §1.)
The board shall have all of the following powers:
(1) License and regulate individuals and business entities who hold themselves out as engaging in the business of alarm system, CCTV, or electronic access control system installation or service, as a locksmith, or as an alarm monitoring company.
(2) Establish the qualifications for licensure to ensure competency and integrity to engage in these businesses and allow graduates of technical school or community college programs in related fields to qualify. Qualifications for licensure shall include the requirement that the applicant is a United States citizen or legally present in this state.
(3) Examine, or cause to be examined, the qualifications of each applicant for licensure including the preparation, administration, and grading of examinations, and when necessary, requiring the applicant to supply a board approved criminal background check. A nonresident who is not physically working in the state, located more than 100 miles from the nearest state border, and whose duties are limited to administrative employee or monitoring station is exempt from the requirement of a criminal background check.
(4) License qualified applicants regulated by the board. Licensing of a qualified applicant should be completed within six calendar weeks after the board receives all required paperwork from the applicant. This time frame may be extended during annual renewal.
(5) Revoke, suspend, or fail to renew a license for just cause as provided in the rules of the board.
(6) Levy and collect reasonable fees for licensure including, but not limited to, the application process and testing of applicants, and renewal, suspension, and reissuance of licenses, and costs of necessary hearings, that are sufficient to cover all expenses for the administration and operation of the board.
(7) Levy and collect administrative fines for violation of the board’s Code of Ethics, noncompliance with this chapter including, but not limited to, unlicensed activity and unethical or fraudulent behavior, and collect the costs of necessary hearings pursuant to the Alabama Administrative Procedure Act. The board may collect fines imposed by a court of competent jurisdiction. The board may file a civil action to collect all fines.
(8) Adopt rules in accordance with the Alabama Administrative Procedure Act necessary to perform board duties, to ensure continued competency, to prevent deceptive, misleading, or criminal practices by board licensees, and to effectively administer the regulatory system administered by the board.
(9) Register or by other means monitor employees of a licensee to ensure the employees do not impair the ability of the licensee to satisfy the requirements of this chapter.
(10) Receive and investigate complaints concerning the conduct of any individual or business entity whose activities are regulated by the board, conduct hearings in accordance with procedures established by the board pursuant to the Alabama Administrative Procedure Act, and take appropriate disciplinary action if warranted.
(11) Ensure that periodic inspections are conducted relating to the operations of licensees to ensure competency and lawful compliance.
(12) Require the purchase of comprehensive liability insurance related to business activities in a minimum specified amount.
(13) Require licensees and employees of licensees to have visible on their person a photo identification card issued by the board at all times when providing licensed services.
(14) Adopt canons of ethics under which the regulated professional activities of individuals and business entities shall be conducted.
(15) Employ or contract for necessary personnel, including an executive director, and provide necessary offices, supplies, and equipment to fulfill the requirements of this chapter.
(16) Delegate board powers and duties by resolution to a named designee.
(17) Enter into contracts and expend funds of the board to fulfill the requirements of this chapter.
(18) Borrow money for the initial start-up operation of the board until sufficient receipts are paid into the special revenue trust fund specified in Section 34-1A-9.
(19) Work with the Office of the Attorney General and other law enforcement agencies to prohibit any violation of this chapter.
(20) Establish volunteer procedures for those individuals or business entities that are exempt from this chapter.
(21) Conduct inspections relating to the operations of unlicensed individuals, firms, or corporations to include the solicitation, installation, servicing, monitoring of burglar alarm systems, locking systems, or mechanisms, the holding of privacy codes for burglar alarm systems of a customer, or the selling, installation, or servicing of access control systems or CCTV to or for a customer to ensure lawful compliance with this chapter.
(22) Issue a cease and desist order to any unlicensed individual, company, corporation, firm, or business entity engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter.
(Acts 1997, No. 97-711, p. 1465, §3; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2008-94, p. 122, §3; Act 2013-221, p. 513, §1; Act 2018-548, §1; Act 2023-278, §1.)
(a) The board shall promulgate rules and standards for the training and licensing of locksmiths and system installers. The board shall examine and license and shall establish classifications for the purpose of training and licensing for licensees under this chapter based on the work performed. Licensees shall be classified as administrative employee, salesperson, locksmith, burglar alarm installer, electronic access control system installer, closed circuit television system installer, qualifying agent, or monitoring station employee. Licensees shall be licensed in an appropriate classification in order to perform work in each respective classification.
(b) The board, after a public hearing and consultation with persons who are knowledgeable regarding the business and pursuant to the Alabama Administrative Procedure Act, shall establish by board rules or regulations competency standards and any changes of the standards.
(c) The board may evaluate the competency of applicants for licenses. The board may either develop and administer an examination to evaluate competency, or rely on an examination developed and administered by a national or regional professional association.
(Acts 1997, No. 97-711, p. 1465, §4; Act 2010-399, §1; Act 2018-548, §1.)
(a) The board shall issue licenses authorized by this chapter to all qualified individuals in accordance with rules aopted by the board.
(b)(1) Effective beginning January 1, 2014, the license fee for a two-year period as set by the board shall not exceed three hundred dollars ($300) for an individual and one thousand five hundred dollars ($1,500) for a business entity.
(2) Effective for the license year beginning January 1, 2014, and thereafter, the board may provide for the licenses to be renewed on a staggered basis as determined by rule of the board and, in order to stagger the license renewals, may issue the license for less than a two-year period. The amount of the license fees provided in subdivision (1) shall be prorated by the board on a monthly basis for the number of months the board issues the licenses in order to convert to any staggered system of renewals.
(c) The license shall not be transferred or assigned and is valid only with respect to the person to whom it is issued.
(d)(1) No license shall be granted if the applicant has had any prior business license revoked for fraud, misrepresentation, or any other act that would constitute a violation of this chapter.
(2)a. An applicant shall not be refused a license solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license is sought. The board may refuse a license if, based on all the information available, including the applicant’s record of prior convictions, the board finds that the applicant is unfit or unsuited to engage in the business.
b. The board may consult with appropriate state or federal law enforcement authorities to verify whether an applicant has a criminal record prior to granting any license and, as an aid to this duty, each applicant may be required to provide his or her fingerprints and complete an affidavit of his or her criminal record, if any, as a part of the application. The board may periodically consult with state and federal law enforcement officials to determine whether current licensees have new criminal convictions. The administrative or management staff of the board may also consult with state or federal law enforcement authorities to determine if a current or potential employee has a criminal conviction. Dissemination of criminal history record information shall be handled in accordance with the rules and procedures of the Alabama State Law Enforcement Agency or the Federal Bureau of Investigation, as applicable.
(e) Any license granted pursuant to this chapter shall be issued for a two-year period, but may be staggered for renewal as otherwise provided. Any license shall expire on a schedule established by rule of the board, unless it is renewed pursuant to rules adopted by the board or unless it is suspended or revoked.
(f) An affirmative vote of a majority of board members shall be required before any action to suspend or revoke a license, to impose a sanction on a licensee, or to levy an administrative fine. A board member shall disqualify himself or herself and withdraw from any case in which he or she cannot accord fair and impartial consideration.
(g) A nonresident of this state may be licensed by meeting one of the following requirements:
(1) Conforming to this chapter and the rules of the board.
(2) Holding a valid license in another state with which reciprocity has been established by the board.
(h) A licensee shall display the license at its normal place of business and in a manner easily readable by the general public.
(i) A notice shall be displayed prominently in the place of business of each licensee regulated pursuant to this chapter containing the name, mailing address, and telephone number of the board, and a statement informing consumers that complaints against licensees may be directed to the board.
(j) An individual, company, corporation, firm, business, or trademarked entity shall be licensed by the name advertised. The license number of a licensee or an Internet address where licensing information can be found shall be displayed in all advertising, including in social media or Internet advertising, or on any vehicle displaying advertising information, as provided by rule of the board.
(k) The board shall prepare information of consumer interest describing the regulatory functions and describing the procedures of the board by which consumer complaints shall be filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies. The board shall provide, upon request, a listing of all licensees. The board may collect a fee for the cost of duplicating and mailing materials.
(l) Each written contract for services in the state of a licensee shall contain the name, mailing address, and telephone number of the board and a statement informing consumers that complaints against licensees may be directed to the board.
(m) Notice of the issuance, revocation, reinstatement, or expiration of every license issued by the board shall be furnished to the sheriff of the county and the chief of police, as appropriate, and the inspection department of the city where the principal place of business of a licensee is located.
(n) Information contained in alarm system records held by the board concerning the location of an alarm system, the name of the occupant residing at the alarm system location, or the type of alarm system used shall be confidential and disclosed only to the board or as otherwise required by law.
(o) A licensee, upon completing an installation, shall provide a paper copy or electronic copy of all contracts to the consumer, or his or her designee.
(p) To be eligible for a qualifying agent license, an individual applicant shall serve in a management and supervisory position with a company for not less than 33 hours per week. A qualifying agent may be subject to disciplinary action for the actions of individuals employed under his or her supervision. With the exception of a company that only performs monitoring work, each licensed company, corporation, firm, and business entity is required to have at least one licensed employee designated as a qualifying agent.
(Acts 1997, No. 97-711, p. 1465, §5; Act 98-279, p. 457, p. 1465, §1; Act 2012-177, p. 277, §3; Act 2013-221, p. 513, §1; Act 2018-548, §1; Act 2023-300, §1 eff. May 30, 2023; Act 2023-278, §1.)
The licensing and regulatory provision of this chapter shall not apply to any of the following persons, entities, or activities:
(1) The installation, servicing, monitoring, or responding to an alarm device which is installed in a motor vehicle, aircraft, or boat.
(2) The installation of an alarm system on property owned by or leased to the installer.
(3) A person or business entity who owns, installs, services, or monitors alarm systems, CCTV systems, electronic access control systems, or mechanical locking systems, on property owned by or leased to him or her or the business entity or, if the person or business entity does not charge for the system or its installation, installs it for the protection of his or her personal property located on the property of another, and does not install or monitor the system as a normal business practice on the property of another.
(4) A person or business entity whose sale of an alarm system, CCTV system, electronic access control system, or mechanical lock is over-the-counter or by telephone, Internet, or mail order and the person or business entity does not engage in the installation or service of the system or locking mechanism in the state.
(5) A person or business entity in the business of building construction that installs electrical wiring and devices that may include in part the installation of an alarm system if both of the following apply:
a. The person or business entity is a party to a contract that provides that the installation shall be performed under the direct supervision of, inspected, and certified by a person or business entity licensed to install an alarm system and that the licensee assumes full responsibility for the installation and service of the alarm system.
b. The person or business entity does not service, monitor, or maintain the alarm system.
(6) The response to an alarm system or lockout by a law enforcement agency or by a law enforcement officer or emergency response officer acting in an official capacity.
(7) A business that engages in the installation or operation of telecommunications facilities or equipment which are used for the transport of any signal, data, or information outside the continuous premises on which any alarm system is installed or maintained.
(8) Any business entity, business owner, or person, or the agent or employee of the business entity, business owner, or person engaging in the routine visual inspection or manufacturer’s or installer’s recommended testing of an alarm system subject to this chapter owned by the business entity, business owner, or person and installed on property under the control of the business entity, business owner, or person.
(9) Any real estate licensee operating within the scope of his or her license on behalf of a customer or client, or under a written property management service agreement or sales agreement, or any business entity, or person, or those engaged in property management, or agent or subcontractors or employees thereof, who, in the normal course of business, engage in the routine inspection, service, or replacement of alarm systems, fire alarm or fire/smoke detection systems, fire communication systems, or security devices subject to this chapter, on or in property owned or under the control of the business entity, or person, or property manager.
(10) Consulting engineers who design, develop, modify, or offer other services within the scope of their profession regarding alarm systems.
(11) A licensed general contractor and the employees of the contractor whose activities are limited to the projects that qualify for a license by the State Licensing Board for General Contractors under Chapter 8 of this title and rules adopted pursuant to that chapter.
(12) A licensed electrician, master electrician, or electrical contractor who is licensed by the city, county, or state and their employees whose activities are limited to the projects of the licensed electrician, master electrician, and electrical contractor. To claim the exemption, the person or business entity may not service, monitor, maintain, or sell the system and may not be in the business of servicing, monitoring, maintaining, or selling the system. If the person or business entity is in the business of providing these services, the person or business entity shall be licensed by the board. This exemption only applies to the installation of wiring or equipment, or both, and does not extend to the activation of the equipment, the maintenance of the equipment, or the monitoring of the equipment, which may only be performed by a licensee of the board.
(13) A licensed homebuilder and the employees of the homebuilder whose activities are limited to the projects of the licensed homebuilder.
(14) A new motor vehicle dealer, as defined in Section 40-12-390 and licensed by the Department of Revenue, and employees of the dealer who are replacing or repairing locks or burglar alarm systems on motor vehicles in the dealer’s inventory or on customer-owned vehicles delivered to the dealer for repair.
(15) The replacement of a thermostat or controlling device to an existing HVAC system that utilizes the existing wiring system without alteration or replacement of the existing circuitry, electronic alarm, CCTV, or access control system.
(16) An automobile club or association that holds a certificate of authority under Chapter 39 of Title 27, and any subcontractor of the club or association that unlocks vehicles at the request of the owner, authorized operator, or occupant of the vehicle and does not advertise services as a locksmith or otherwise perform locksmith services.
(Acts 1997, No. 97-711, p. 1465, §6; Act 2000-143, p. 203, §3; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2013-221, p. 513, §1; Act 2018-548, §1.)
(a) Effective January 1, 1998, it shall be unlawful for any individual or business entity to engage in a business regulated by this chapter in this state without a current valid license or in violation of this chapter and applicable rules of the board.
(b) Effective January 1, 1998, it shall be unlawful for an individual or business entity not licensed under this chapter to advertise or hold out to the public that he or she is a licensee of the board.
(c) Any individual or business entity who violates this chapter or any order or rule of the board shall be guilty of a Class A misdemeanor, and for each offense for which he or she is convicted shall be punished as provided by law.
(d) Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally do any of the following:
(1) Obliterate the serial number on an alarm system for the purpose of falsifying service reports.
(2) Knowingly and deliberately improperly install an alarm system, or knowingly and deliberately improperly service such a system.
(3) While holding a license, allow another individual or business entity to use the license or license number.
(4) Use, or permit the use of, any license by an individual or business entity other than the one to whom the license is issued.
(5) Use any credential, method, means, or practice to impersonate a representative of the board.
(6) Make use of any designation provided by statute or rule to denote a standard of professional or occupational competence without being duly licensed.
(7) Make use of any title, words, letters, or abbreviations that may reasonably be confused with a designation provided by statute or rule to denote a standard of professional or occupational competence without being duly licensed.
(8) Provide material misrepresenting facts in an application for licensure or in other communications with the board.
(9) Refuse to furnish the board information or records required or requested pursuant to statute or rule.
(e) Commencing July 1, 2018, it shall also constitute a Class A misdemeanor to willfully or intentionally do any of the following:
(1) Advertise alarm system services or locksmith services to the public by any means without possessing an active license issued by the board during the licensing year in which the advertisement appears.
(2) Install, service, or sell an alarm system or provide locksmith services while on state or federal probation or parole without a license or, if licensed, without first providing proper written documentation by certified mail or courier service of the probation or parole status to the board.
(3) Perform unsolicited sales or installation, or both, of an alarm system or locking system at the home or property of an individual who is age 75 or older, without providing the individual with a waiting period of at least four business days after the initial contact and at least 30 business days to cancel any executed contract, before performing the installation or service, unless otherwise authorized by this chapter.
(4) Deceive or defraud an individual who is age 60 or older in violation of the Protecting Alabama’s Elders Act, Chapter 6, commencing with Section 13A-6-190, of Title 13A.
(f)(1) Upon notification that an individual, company, corporation, firm, or business entity has engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter, or has not renewed a company license or completed the renewal of a company license immediately upon expiration, the board may issue a letter to show cause why an order should not be issued directing the individual, company, corporation, firm, or business entity to cease and desist from the activity, conduct, practice, or the performance of any work being done or about to be commenced.
(2) If the individual, company, corporation, firm, or business entity files a written request for a hearing before the board within 14 days after receipt of the letter, the board, not less than 30 days thereafter, shall hold a hearing on the matter. After a hearing, or if no hearing is requested, the board may issue a cease and desist order to the individual, company, corporation, firm, or business entity. If an order is issued, the order shall be issued in the name of the State of Alabama under the official seal of the board.
(3) If the individual, company, corporation, firm, or business entity to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of the work immediately, the board may impose an administrative fine of not more than five thousand dollars ($5,000) per violation.
(g) Upon finding an individual, company, corporation, firm, or business entity has engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter, or has not renewed a company license or completed the renewal of a company license immediately upon expiration, the board may investigate the activities of licensed and unlicensed entities and individuals. If the board finds that an individual, company, corporation, or business entity is engaged in performing any work covered by this chapter without having obtained a proper license, whether by renewal or first-time licensure, the board may do any of the following:
(1) Impose an administrative fine up to five thousand dollars ($5,000) per violation.
(2) Deny an application for licensure.
(3) Issue a cease and desist order.
(4) Petition the circuit court of the county where the act occurred to enforce the cease and desist order or collect the assessed fine, or both.
(h) Any person aggrieved by any adverse action taken by the board may appeal the adverse action in accordance with the Alabama Administrative Procedure Act.
(i) If the individual, company, corporation, firm, or business entity to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of the work immediately, the board may petition any court of competent jurisdiction to issue a writ of injunction enjoining the individual, company, corporation, firm, or business entity from engaging in any activity, conduct, practice, or performance of work as prohibited by this chapter. Upon a showing by the board that the individual, company, corporation, firm, or business entity has engaged or is engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the individual, company, corporation, firm, or business entity from engaging in the unlawful activity, conduct, practice, or performance of work. Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000) plus court costs and attorney fees, for each offense. A judgment for a civil fine, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute.
(j) The board is entitled to court costs, reasonable investigatory fees, and reasonable attorney fees in any civil action or administrative proceeding in which the board obtains relief.
(k) Any individual, company, corporation, firm, or business entity violating this chapter who fails to cease work after a hearing and notification from the board or having an injunction issued by a court of competent jurisdiction shall not be eligible to apply for a license from the board for a period not to exceed one year from the date of official notification to cease work. In addition, the board may withhold approval for up to six months of any application from any individual, company, corporation, firm, or business entity prior to the application has been found in violation of this chapter.
(Acts 1997, No. 97-711, p. 1465, §7; Act 2004-103, p. 137, §3; Act 2013-221, p. 513, §1; Act 2018-548, §1; Act 2023-278, §1.)
(a) This chapter and the rules and regulations promulgated pursuant to this chapter shall have uniform force and effect throughout the state. A municipality or county shall not enact an order, ordinance, rule, or regulation requiring a person or business entity to obtain a certification from the municipality or county, other than proof of a valid license issued by the board.
(b) This chapter shall not affect any general statute or municipal ordinance requiring a business license for a system installer.
(c) Nothing in this chapter limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of licenses, fees, and inspections otherwise authorized by law for the protection of the public health and safety.
(Acts 1997, No. 97-711, p. 1465, §8; Act 2018-548, §1.)
A separate special revenue trust fund in the State Treasury to be known as the Alabama Electronic Security Board of Licensure Fund is established. All receipts collected by the board under this chapter are to be deposited into this fund and shall be used only to carry out the provisions of this chapter. The receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board. No funds 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 bill or other appropriations bills.
(Acts 1997, No. 97-711, p. 1465, §9.)
This chapter shall not apply to a person or business entity that is located in and only conducts business in a county having a population of less than 30,000 inhabitants according to the most recent federal decennial census that would otherwise be required to be licensed under this chapter if the person or business entity had a business license for the installation, service, or monitoring of burglar alarm systems for five or more continuous years prior to August 1, 2013, except newly hired employees who must be subject to a background check by the board.
(Acts 1997, No. 97-711, p. 1465, §11; Act 2013-221, p. 513, §1.)
The Alabama Electronic Security Board of Licensure is subject to the provisions of the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2000, and every four years thereafter, unless a bill is passed that the board be continued, modified, or reestablished.
(Acts 1997, No. 97-711, p. 1465, §12.)
(a) The board shall require an alarm monitoring company to utilize a system providing for alarm verification of all alarm signals, except alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime in progress has been verified to be true by video or audio means, when no alarm signal has been received from the alarm site within the preceding 12 months, or when the contract between the alarm user and the monitoring company specifies the use of a different calling protocol.
(b) The board shall provide by rule for the implementation and enforcement of this section.
(Act 2014-160, p. 459, §2.)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section:
(1) ARCHITECT. An individual who is legally qualified to practice architecture.
(2) BUILDING. A structure consisting of foundation, walls, or supports and roof, with or without related components, systems, or other parts comprising a completed building ready for occupancy.
(3) PRACTICE ARCHITECTURE or PRACTICING ARCHITECTURE. Performing or doing, or offering or attempting to do or perform any service, work, act, or thing within the scope of the practice of architecture. An individual shall be construed to hold himself or herself out as practicing architecture when, by verbal claim, sign, advertisement, letterhead, card, or any other way, the individual represents himself or herself to be an architect with or without qualifying adjective, or when he or she implies that he or she is an architect through the use of some other title.
(4) PRACTICE OF ARCHITECTURE. When an individual holds himself or herself out as able to render or when the person does render any service by consultations, investigations, evaluations, preliminary studies, plans, specifications, contract documents, and a coordination of all factors concerning the design and observation of construction of buildings or any other service in connection with the design, observation, or construction of buildings located within the boundaries of the state, regardless of whether such services are performed in connection with one or all of these duties, or whether they are performed in person or as the directing head of an office or organization performing them.
(5) RESPONSIBLE CONTROL. Control over all phases of the practice of architecture, including, but not limited to, control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care.
(Acts 1979, No. 79-676, p. 1198, §1; Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1.)
Architects and the practice of architecture are hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the architectural profession merit and receive the confidence of the public and that only qualified architects be permitted to practice architecture in the State of Alabama. All provisions of this chapter relating to the practice of architecture shall be liberally construed to carry out these objects and purposes.
In order to safeguard life, health and property, and to promote the public welfare, no person shall practice architecture in this state, or use the title “architect” or any title, sign, card, or device to indicate that such person is practicing architecture or is an architect unless such person shall thereafter comply with the provisions of this chapter.
(Acts 1979, No. 79-676, p. 1198, §2.)
(a) Nothing contained in this chapter shall prevent:
(1) Employees of registered architects from acting under the instructions or responsible control of their employers; or,
(2) The employment of on-site observers of the construction or alteration of buildings.
(b) No person shall be required to register as an architect in order to make plans and specifications for or administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, irrespective of the cost of such building, or any single family residence building or any utility works, structures, or building, provided that the person performing such architectural works is employed by an electric, gas, or telephone public utility regulated pursuant to the laws of Alabama or by a corporation affiliated with such utility, or of any other type building which has a total area of less than 2,500 square feet provided it is not intended for use as a school, church, auditorium, or other building intended for the assembly occupancy of people.
(c) The services of a registered architect shall be required on all buildings except those hereinabove exempted and no official of this state or of any city, town, or county herein charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings, shall accept or approve any plans or specifications that are not so prepared.
(d) Nothing in this chapter shall prevent registered professional engineers or their employees or subordinates under their responsible control from performing architectural services incidental to their engineering practice. Nothing in this chapter shall prevent registered architects or their employees or subordinates under their responsible control from performing engineering services incidental to their architectural practice.
No professional engineer shall practice architecture or use the designation architect or any terms derived therefrom unless that individual is registered pursuant to this chapter. No architect shall practice professional engineering or use the term engineer or any term derived therefrom unless that individual is also qualified and registered as an engineer.
(Acts 1979, No. 79-676, p. 1198, §3; Acts 1987, No. 87-544, p. 830, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1.)
(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.
(Acts 1979, No. 79-676, p. 1198, §4; Acts 1987, No. 87-544, p. 830, §3; Acts 1991, No. 91-157, p. 201, §3; Acts 1995, No. 95-281, p. 514, §3, Act 99-159, p. 216, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1; Act 2015-96, p. 310, §3; Act 2024-379, §1.)
(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.
(Acts 1979, No. 79-676, p. 1198, §5; Acts 1991, No. 91-157, p. 201, §3; Acts 1993, No. 93-614, p. 1006, §1(10); Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1; Act 2024-379, §1.)
(a) Each registrant must obtain a seal of a design authorized by the board bearing the registrant’s name, the legend registered architect, the words “State of Alabama,” and the registrant’s license registration number.
(b) Nothing in this chapter shall prevent a registered architect from being employed by a person, firm, partnership, corporation, or professional corporation.
(c) Plans, specifications, plates, and reports, and all documents prepared by an architect which are issued by a registrant must be stamped with the seal during the life of a registrant’s certificate.
(d) It shall be unlawful for anyone to stamp or seal any document with the seal after the certificate or the registrant named thereon has expired or been suspended or revoked.
(e) It shall be unlawful for an architect or any other individual to stamp, to cause to be stamped, or to allow to be stamped any document or documents which were not prepared under the responsible control of the registered architect whose stamp is to be affixed thereon.
(f)(1) On or after July 22, 1987, it shall be unlawful:
a. To practice architecture in a branch office not under the day-to-day supervision of a registered architect.
b. For an architect to falsely represent himself or herself as being in responsible control of architectural work or to permit his or her seal, or image thereof, to be used by another for any purpose.
(2) Violations described in subdivision (1) shall be penalized as provided in Section 34-2-36.
(Acts 1979, No. 79-676, p. 1198, §6; Acts 1987, No. 87-544, p. 830, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1; Act 2024-379, §1.)
(a) Any person who knowingly, willfully, or intentionally violates any provision of this chapter shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and separate offense.
(b) When it appears to the board that any person is violating this chapter, the board may in its own name bring an action in the circuit court for an injunction, and the court may enjoin any person from violating this chapter regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(c) In addition to any other provisions of law, the board may enter an order assessing a civil penalty against any nonregistered individual, corporation, or other entity found guilty by the board of, but not limited to, the following violations of this chapter:
(1) Engaging in the practice or offer to practice architecture in this jurisdiction without being registered in accordance with this chapter.
(2) Using or employing the words architect, architecture, or any modification or derivative thereof in its name or form of business activity, except as authorized in this chapter.
(3) Presenting to the board or attempting to use the certificate of registration or the seal of another registered architect to obtain or attempt to obtain a certificate of registration.
(4) Giving false or forged evidence of any kind to the board in obtaining or attempting to obtain a certificate of registration.
(5) Falsely impersonating another registered architect of like or different name.
(6) Using or attempting to use a revoked or nonexistent certificate of registration.
(7) Directing the professional judgment of a registered architect who is responsible for the practice of architecture.
(d) The board shall determine the amount of the civil penalty which shall not exceed five thousand dollars ($5,000) for each day the violation continues and shall not be greater than twenty-five thousand dollars ($25,000) total per violation.
(e) Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of the notice by the board, a hearing on the record.
(f) Pursuant to the proceedings under this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and disclosure of evidence and may request the Attorney General to bring an action to enforce a subpoena.
(g) A person aggrieved by the levy of a civil penalty under this section may file an appeal to the Circuit Court of Montgomery County exclusively for judicial review of the penalty within 30 days, notwithstanding the Administrative Procedure Act. Unless an appeal is taken or the penalty paid, the order of the board imposing the civil penalty shall become a judgment.
(h) If a person fails to pay a civil penalty within 30 days after entry of an order pursuant to subsection (c) or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed pursuant to subsection (g), the board shall notify the Attorney General. The Attorney General may commence a civil action to recover the amount of the penalty plus attorney fees and costs.
(i) The cost to the board of the action shall be paid by the respondent if found in violation.
(Acts 1979, No. 79-676, p. 1198, §7, Act 99-159, p. 216, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 834, §1; Act 2024-379, §1.)
(a) It shall be lawful for a corporation, a professional corporation, a professional association, a partnership, or a limited liability company to practice architecture in this state, provided that:
(1) A minimum of two-thirds of those responsible for controlling the activities of the entity, including officers, partners, directors, members, and others depending on the legal structure of the entity, are voting stockholders who are architects or professional engineers, or both, registered under the laws of any United States jurisdiction and at least one is an architect registered in Alabama.
(2) Any agreement to perform such services shall be executed on behalf of the entity by a stockholding officer, partner, director, or member with authority to contractually bind the entity, who is an architect registered in the State of Alabama.
(3) A stockholding officer, partner, director, or member who is an architect registered in the State of Alabama shall exercise responsible control over the particular services contracted for by the entity and that architect’s name and seal shall appear on all documents prepared by the entity in its practice of architecture.
(4) Other officers, partners, directors, or members shall not direct the professional judgment of the architect in responsible control over the practice of architecture by the entity.
(5) The entity shall furnish the board with such information about its organization and activities as the board shall require by rule and pay an annual administrative fee as the board may require, as established by rule of the board. The board shall maintain a public roster of such entities.
(b) Applications to practice as an entity shall be made on an annual basis. Disciplinary action for the entities shall be the same as for registered architects. Approved entities shall be responsible for the acts of their agents, employees, general partners, directors, or officers.
(c) Certificates of authorization shall expire on April 30 following their issuance or renewal and shall become invalid on May 1 unless renewed.
(d) Renewal may be effected at any time prior to or during the month of April by the payment of a fee established by the board by rule.
(e) A civil penalty in an amount established by the board by rule may be added to the renewal fee for failure to renew a certificate upon terms and conditions as the board may determine by rule. Failure to renew a certificate of authorization by April 30 shall result in a lapse of the certificate.
(f) A registrant whose certificate of authorization has lapsed may have the certificate reinstated, if he or she is in compliance with other relevant requirements, by filing a renewal form and paying a reinstatement fee established by the board by rule, in addition to the appropriate renewal fee and late penalty.
(Acts 1979, No. 79-676, p. 1198, §8; Act 2010-501, p. 796, §1; Act 2010-534, p. 834, §1; Act 2024-379, §1.)
To carry out the provisions of this chapter, there shall be a State Board for Registration of Architects, consisting of six members, each of whom shall be appointed by the Governor from a list of three individuals selected as follows:
(1) All appointments as members of the board shall be architects registered and licensed pursuant to this chapter. The board shall be appointed from the following districts: One from the northern district; two from the north central district; two from the central district; and one from the southern district. The northern district shall be comprised of the Counties of Colbert, Cullman, DeKalb, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, and Winston; the north central district shall be comprised of the Counties of Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Etowah, Fayette, Greene, Hale, Jefferson, Lamar, Pickens, Randolph, Shelby, St. Clair, Sumter, Talladega, Tuscaloosa, and Walker; the central district shall be comprised of the Counties of Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Marengo, Montgomery, Perry, Pike, Russell, Tallapoosa, and Wilcox; and the southern district shall be comprised of the Counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington.
(2) At least 30 days before the expiration of a board member’s term, or for filling a vacancy otherwise occurring, a nominating committee of six members shall be selected by secret ballot from the district entitled to fill the vacancy. The nominating committee shall be elected at a meeting in the district called by the executive director of the board, who shall give notice in writing of the time and place of the called meeting to each architect in the district at least 30 days in advance of the date set for the meeting. Those architects present at the called meeting may vote on the membership of the nominating committee. After the selection of the nominating committee from the district where the vacancy occurs, there shall be a meeting of the committee with the board to select the names of three persons to be sent to the Governor by the executive director of the board. The board may conduct the nominating committee meeting virtually or provide a process of selection by mail-in ballot. The Governor shall appoint one of the named individuals to the board. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(3) The term of office of the members of the board shall be four years and until their successors are appointed and qualified.
(4) A member shall reside and have his or her principal office in the district from which appointed. A member’s place on the board shall become vacant if the member removes either his or her residence or principal office from that district.
(Acts 1979, No. 79-676, p. 1198, §9; Act 2003-139, p. 437, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 834, §1; Act 2024-379, §1.)
(a) Before beginning his or her term of office, each member of the board shall file with the Secretary of State the constitutional oath of office.
(b) The board, or any committee thereof, shall be entitled to the services of the Attorney General in connection with the affairs of the board, and the board shall have the power to compel attendance of witnesses, to require production of documents, to administer oaths, and to take testimony and proof concerning all matters within its jurisdiction.
(c) The board shall adopt and have an official seal which shall be affixed to all certificates of registration granted.
(d) The board may make and adopt bylaws and rules consistent with this chapter and pursuant to the state administrative procedure law in order to comply with this chapter and to establish standards of professional conduct of architects.
(e) The board shall adopt a program of continuing education in order to ensure that all registered architects remain informed of those technical and professional subjects that the board deems appropriate to professional architectural practice. The board, by rule, may describe the methods by which the requirements of the program may be satisfied. Failure to meet the requirements of continuing education shall result in nonrenewal of an architect’s certificate of registration.
(Acts 1979, No. 79-676, p. 1198, §10; Acts 1991, No. 91-157, p. 201, §3; Act 2024-379, §1.)
(a) The board shall hold at least four regular meetings each year.
(b) The board shall elect annually a chair and vice chair who must be members of the board. The board may employ an executive director, clerks, experts, attorneys, and others, as may be necessary in the carrying out this chapter.
(c) The board, with the approval of the Governor, may fix the compensation of the executive director and other employees.
(d) A quorum of the board shall consist of not less than a majority of the duly appointed board members.
(Acts 1979, No. 79-676, p. 1198, §11; Acts 1987, No. 87-544, p. 830, §3; Acts 1991, No. 91-157, p. 201, §3; Act 2010-501, p. 796, §1; Act 2010-534, p. 834, §1; Act 2024-379, §1.)
(a) The executive director of the board shall receive and account for all monies derived from the operation of this chapter. Such monies shall be certified into the treasury in a fund to be known as the Fund of the Board for the Registration of Architects. The fund shall be expended only for the purposes of this chapter.
(b) The fiscal year shall commence on the first day of October and end on the thirtieth day of September.
(c) Each member of the board shall receive a per diem as recommended by the board consistent with applicable state laws for attending in person or virtual sessions of the board or its committee, and for the time spent in necessary travel to attend meetings of the board or its committee. In addition, each member of the board shall be reimbursed for traveling and necessary expenses incurred in carrying out official duties.
(d) Expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including, but not limited to, authorized compensations, additional legal services, experts, clerks, office rent, and supplies, shall be paid out of the fund on the warrant of the Comptroller. The warrant shall be issued on requisitions signed by the executive director of the board. At no time in any fiscal year shall the total amount of warrants issued exceed the total amount of monies accumulated in this fund.
(e) The board may make donations from its surplus funds to any state educational institution that has a NAAB accredited school of architecture for assistance in promoting education and research programs in architecture.
(f) The board may provide educational information and programs to the public regarding the service of architecture from its surplus funds.
(g) The board may purchase promotional items for outreach and educational programs from its surplus funds.
(h) For the purpose of attracting architects to the State of Alabama, the board may waive registration fees from its surplus funds as approved by the board through board rule.
(i) The board, by rule, may set registration fees including, but not limited to, application, initial renewal, manual renewal, late renewal, and reinstatement, as well as fees for copies, certificate replacement, and mailing lists.
(Acts 1979, No. 79-676, p. 1198, §12; Act 2010-501, p. 796, §1; Act 2010-534, p. 834, §1; Act 2024-379, §1.)
[Repealed]
REPEALED BY ACT 2024-379, EFFECTIVE OCTOBER 1, 2024.
(Acts 1979, No. 79-676, p. 1198, §13; Acts 1982, No. 82-147, p. 175, §4; Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1.)
The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3.
(Act 2024-379, §3.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) ASSISTED LIVING ADMINISTRATOR. Any individual who is charged with the general administration of an assisted living facility or a speciality care assisted living facility, whether or not the individual has an ownership interest in the facility, and whether or not his or her functions and duties are shared with one or more other individuals.
(2) ASSISTED LIVING FACILITY. Any facility, including both assisted living facilities and speciality care assisted living facilities, that is defined as such for licensing purposes pursuant to Section 22-21-20. For purposes of this chapter, the term “assisted living facility” shall not include family assisted living facilities as the term is defined in the rules and regulations promulgated by the Department of Public Health.
(3) BOARD. The Board of Examiners of Assisted Living Administrators of the State of Alabama.
(4) EXECUTIVE DIRECTOR. The executive director of the board.
(5) PRACTICE OF ASSISTED LIVING ADMINISTRATION. The planning, organizing, directing, and control of the operation of an assisted living facility.
(6) PROVISIONAL ASSISTED LIVING ADMINISTRATOR. An individual who has been issued a provisional license by the board.
(7) PROVISIONAL LICENSE. A temporary license issued to a provisional assisted living administrator by the board.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §1; Act 2004-73, p. 90, §3.)
(a) All administrators of assisted living facilities or specialty care assisted living facilities as recorded in the records of the State Department of Public Health shall be issued a provisional license, as defined herein, upon the effective date of this act. On and after September 1, 2003, no assisted living facility in the state may operate unless it is under the supervision of an administrator who holds a currently valid assisted living administrator’s license, or new initial provisional license, issued by the board. No person shall practice or offer to practice assisted living administration in this state or use any title, sign, card, or device to indicate that he or she is an assisted living administrator unless the person shall have been duly licensed as an assisted living administrator or as a provisional assisted living administrator in this state. In the event an assisted living administrator dies, unexpectedly resigns, becomes incapacitated, or has his or her license revoked, the person or persons then responsible for the management of the assisted living facility shall immediately notify the board and the State Board of Health. The board may issue an emergency permit to a person performing the functions of administrator in the assisted living facility for a reasonable period of time from the date of death, unexpected resignation, incapacitation, or revocation of the license of the assisted living administrator, but not to exceed 120 days. Although the State Board of Health, in its discretion, may permit the assisted living facility to continue to operate under the supervision of a person issued an emergency permit, nothing in this section shall be construed as prohibiting the State Board of Health from denying or revoking the license of the assisted living facility where the State Board of Health has determined that the person with the emergency permit does not demonstrate an ability or willingness to comply with State Board of Health rules governing assisted living facilities or where the State Board of Health has determined that the facility is not otherwise in compliance with those rules.
(b) Nothing in this section shall be construed to prohibit a licensed assisted living administrator from supervising more than one assisted living facility if specific permission is granted by the State Department of Public Health.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §2; Act 2015-319, §1.)
AMENDED BY ACT 2026-157, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is created a Board of Examiners of Assisted Living Administrators composed of nine members, seven members as set out in this subsection, and two additional consumer members as set out in subsection (b). The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The seven original members shall be composed as follows: Five members shall be assisted living administrators duly licensed and registered under this chapter; one member shall be a physician licensed under the laws of the state; and one shall be a licensed nursing home administrator who in the same or contiguous facility manages assisted living beds. Appointments to the board for those positions to be held by assisted living administrators shall be made by the Governor from a list of three nominees for each position to be submitted to the Governor by the Assisted Living Association of Alabama, Inc. The appointment of the nursing home administrator shall be made from a list of three nominees submitted to the Governor by the Alabama Nursing Home Association, Inc. The appointment to the board of the member for the position to be held by a physician shall be made from a list of three nominees submitted to the Governor by the Medical Association of the State of Alabama.
(b) Within 30 days of March 1, 2002, the Governor shall appoint two consumer members of the board. The consumer members shall vote in all matters. At least one consumer member shall be 65 years of age or older and no consumer member, or a spouse or immediate family member of a consumer member, shall be a licensee of the board or be employed in the assisted living profession.
(c) When the terms of all members of the board expire in April 2005, the Governor shall appoint five members to two-year terms and four members to three-year terms as follows: Three assisted living administrators, the licensed nursing home administrator, and one consumer member shall be appointed to two-year terms; two assisted living administrators, the licensed physician, and one consumer member shall be appointed to three-year terms. Thereafter, all members shall serve three-year terms of office.
(d) All members of the board shall be citizens of the United States and shall be residents of the state.
(e) Except as otherwise provided in this section, each member shall serve three-year staggered terms and no board member shall serve more than two consecutive full three-year terms. All members shall continue to serve until the Governor appoints a successor.
(f) The Governor may remove any board member for misconduct, incapacity, incompetence, or neglect of duty after the board member so charged has been served with a written statement of charges and has been given an opportunity to be heard. Absence from any three consecutive meetings of the board within a calendar year, without cause acceptable to the Governor and the board, shall be deemed cause for removal.
(g) Any vacancy created by the death, resignation, or removal of any board member shall be filled by the Governor for the unexpired term in the same manner as required by this chapter to make appointments.
(h) Each member of the board shall receive a per diem fee of not less than fifty dollars ($50) nor more than one hundred dollars ($100) to be determined by the board for the time spent in the performance of official duties. Each member shall be reimbursed for all necessary and proper travel and incidental expenses incurred in implementing this chapter as is provided to state employees by the laws of the state and regulations of the State Personnel Director. In setting the per diem fee, the board shall give due consideration to funds which are available for that purpose.
(i) The board shall hold four or more meetings a year. A majority of the members of the board shall constitute a quorum at any meeting except as provided in Section 34-2A-13. A majority vote of the members present shall be sufficient to transact the business of the board except as provided in Section 34-2A-13. Meetings may be called by the chair or by a majority of the members of the board. Members shall be given seven days’ written notice of all meetings.
(j) The board shall annually elect from its members a chair and a vice-chair, at the first meeting of the board held after October 1 of each year, and each shall serve until the first meeting held after October 1 of the following year. In the event of the death, resignation, or removal of the chair from the board, the vice-chair shall succeed as chair for the remainder of the unexpired term. In the event of the death, resignation, removal, or succession to the office of chair of a vice-chair, a successor shall be elected by the board to fill the remainder of the unexpired term as vice-chair. The chair, or in the absence of the chair, the vice-chair, shall preside at all meetings of the board. The chair of the board may appoint an executive director to the board, with the consent of the members of the board, who shall serve at the pleasure of the board. The board shall fix the salary of the executive director. The executive director shall be the executive officer to the board but may not be a member of the board. The executive director shall have those powers and shall perform those duties as are prescribed by law and the rules and regulations of the board. A clerk and sufficient deputy clerks to adequately assist the board and executive director in the keeping of the records and in the performance of their duties may be appointed by the board subject to the Merit System.
(k) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2004, and every four years thereafter, unless a bill is passed that the board be continued, modified, or reestablished.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §3; Act 2004-73, p. 90, §3; Act 2010-152, p. 218, §3; Act 2016-41, §13.)
(a) It shall be the function and duty of the board to perform the following:
(1) Develop, impose, and enforce standards which shall be met by individuals in order to receive a license as an assisted living administrator, which standards shall be designed to insure that assisted living administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators.
(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets these standards.
(3) Issue licenses to individuals determined, after application of the techniques, to meet these standards and revoke or suspend licenses previously issued by the board in any case where the individual holding any license is determined substantially to have failed to conform to the requirements of these standards.
(4) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as an assisted living administrator has failed to comply with the requirements of these standards.
(5) Establish and carry out procedures designed to insure that individuals licensed as assisted living administrators will, during any period that they serve as such, comply with the requirements of these standards.
(6) Conduct a continuing study and investigation of assisted living facilities and administrators of assisted living facilities within the state with a view to the improvement of the standards imposed for the licensing of these administrators and of procedures and methods for the enforcement of these standards with respect to administrators of assisted living facilities who have been licensed as such.
(b) The board may develop, impose, and enforce additional standards which shall be met by individuals in order to receive additional certification and/or license as a specialty care assisted living administrator, which standards shall be designed to insure that specialty care assisted living administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators.
(c) The board shall have the authority to perform the following:
(1) Make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take other actions as may be necessary for the proper performance of its duties.
(2) Establish, provide, or approve various education programs or courses for assisted living administrators, and prescribe rules and regulations requiring applicants for licenses as assisted living administrators to attend certain programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed assisted living administrators to attend these programs or courses as a prerequisite to their being issued any license renewal.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §4.)
The Alabama Administrative Procedure Act shall govern all rule-making proceedings of the board.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §5.)
There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Board of Examiners of Assisted Living Administrators Fund. All receipts collected by the board under the provisions of this chapter shall be deposited into this fund and shall be used only to carry out the provisions of this chapter. Receipts may be disbursed only by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board. No funds may be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-98, inclusive, and Section 41-19-12, and only in amounts as stipulated in the general appropriation bill or other appropriation bills. A financial audit shall be conducted by the Examiners of Public Accounts of all receipts and expenditures, and a written report of the audit shall be given to each board member.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §6.)
The governing body of the Assisted Living Association of Alabama, Inc., shall constitute an advisory council to the board, and the board shall be required to counsel with the advisory council in connection with the administration of this chapter.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §7.)
(a) The board shall admit to examination for licensure as an assisted living administrator any candidate who submits evidence of good moral character and suitability as prescribed by the board and who submits evidence to the board that he or she is at least 19 years of age, a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, that he or she is a high school graduate or has completed an educational program equivalent thereto, and that he or she has completed any additional educational requirements prescribed by the board. The board may exempt the educational requirements for practicing administrators on March 1, 2002, based on acceptable experience and tenure in the applicant’s current position. Each candidate shall also be required, prior to admission to the examination, to pay an examination fee established by the board pursuant to its rule-making authority.
(b) The board may establish an application fee for the internship or administrator in training (AIT) program, if such a program is established, and a fee for preceptor, certification, and recertification of any administrator in training (AIT) program pursuant to its rule-making authority.
(c) The board may establish a replacement license fee for any licensing card previously issued by the board that has been stolen, lost, or misplaced.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §8; Act 2008-144, p. 231, §3; Act 2015-319, §1.)
(a) The board shall determine the subjects of examinations for applicants for licensure as assisted living administrators, or licensure or certification of specialty care assisted living administrators if established, and the scope, content, and format of the examinations, which in any examination shall be the same for all candidates. The examinations shall include examination of the applicant to demonstrate his or her proficiency in the rules and regulations of health and safety; provided, however, that the examination given to initial provisional licensees shall be limited to these rules and regulations. The examinations may consist of written or oral questions, or both.
(b) Examinations shall be held at least four times each year, at times and places designated by the board.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §9.)
(a) The board shall issue a license to an applicant, on a form provided for that purpose by the board, certifying that the applicant has met the requirements of the laws, rules, and regulations entitling him or her to serve, act, practice, and otherwise hold himself or herself out as a duly licensed assisted living administrator and has paid a fee established by the board pursuant to its rule-making authority for original licensure, provided the applicant meets all of the following qualifications:
(1) Has successfully complied with the educational and training requirements of this chapter and of the rules and regulations of the board promulgated under this chapter.
(2) Has paid an application fee established by the board pursuant to its rule-making authority for all applicants.
(3) Has qualified for and passed the examination provided for in this chapter.
(b) The board may establish and collect a fee pursuant to its rule-making authority for the issuance of a temporary emergency permit issued pursuant to Section 34-2A-2.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §10.)
(a) The board may, subject to this chapter and the rules and regulations of the board prescribing the qualifications for an assisted living administrator license, issue a license to an assisted living administrator who has been issued a license by the proper authorities of any other state or issued a certificate of qualification by any national organization, upon complying with the provisions of licensure, payment of a fee established by the board pursuant to its rule-making authority, and upon submission of evidence satisfactory to the board of all of the following:
(1) That the other state or national organization maintained a system and standards of qualification and examinations for an assisted living administrator license or certificate which were substantially equivalent to those required in this state at the time the other license or certificate was issued by the other state or national organization.
(2) That the other state gives similar recognition and endorsement to assisted living administrator licenses of this state. The board may charge a fee for completion of a reciprocity questionnaire, pursuant to its rule-making authority.
(b) Any person who has a license in good standing in this state, and continuously maintains such license as a licensed nursing home administrator, shall be exempt from the licensure requirement herein if the person at the time of application has responsibility for administration of an assisted living facility subject to the following conditions:
(1) If the person wishes to also be issued a license as an assisted living administrator, the person shall pay an annual administrative fee as determined by the board and document initially and annually thereafter the good standing of the nursing home administrator license.
(2) If any person requests an exemption from the licensure requirements provided herein during the initial 18-month licensing period described in subsection (a) of Section 34-2A-2, the initial license issued shall be a provisional license until the end of the 18-month period at which time, and thereafter, an active license shall be issued.
(3) Any assisted living administrator license issued according to subdivision (1) or subdivision (2) of this subsection shall become void if the requisite nursing home administrator license becomes void. Further, the license shall become inactive, as described in subsection (e) of Section 34-2A-12, if the licensee no longer has responsibility for an assisted living facility. After 12 months in inactive status, the license shall expire and become void.
(c) Any person who is an administrator/chief executive officer of an acute care hospital in this state shall be exempt from the licensure requirement herein if the person at the time of application has responsibility for administration of an assisted living facility subject to the following conditions:
(1) If the person wishes to also be issued a license as an assisted living administrator, the person shall pay an annual administrative fee as determined by the board and document initially and annually thereafter their continued employment as an administrator/chief executive officer of an acute care hospital.
(2) If any person requests an exemption from the licensure requirements provided herein during the initial 18-month licensing period described in subsection (a) of Section 34-2A-2, the initial license issued shall be a provisional license until the end of the 18-month period at which time, and thereafter, an active license shall be issued.
(3) Any assisted living administrator license issued according to subdivision (1) or subdivision (2) of this subsection shall become void if the person no longer is the administrator/chief executive officer of a hospital. Further, the license shall become inactive, as described in subsection (e) of Section 34-2A-12 if the licensee no longer has responsibility for an assisted living facility. After 12 months in inactive status, the license shall expire and become void.
(4) For the purpose of this subsection, the term “acute care hospital” shall be defined as a health institution planned, organized, and maintained for offering to the public generally facilities and beds for use in the diagnosis and/or treatment of illness, disease, injury, deformity, abnormality, or pregnancy, when the institution offers such care of service for not less than 24 consecutive hours in any week to two or more individuals not related by blood or marriage to the owner and/or chief executive officer/administrator and, in addition, the hospital may provide for the education of patients, medical and health personnel, as well as conduct research programs to promote progress and efficiency in clinical and administrative medicine.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §11; Act 2015-319, §1.)
(a) Every individual who holds a valid current license as an assisted living administrator issued by the board under this chapter shall immediately upon issuance have the right and privilege of acting and serving as an assisted living administrator and of using the abbreviation “A.L.A.” after his or her name. Thereafter, the individual shall annually be required to make application to the board for a renewal of license and to report any facts requested by the board on forms provided for that purpose.
(b) Upon making application for a renewal of a license, the individual shall pay an annual license fee established as determined by the board pursuant to the rule-making authority and, at the same time, shall submit evidence satisfactory to the board that during the year immediately preceding application for renewal he or she has complied with the requirements of the board concerning the continuation of education of assisted living administrators.
(c) Upon receipt of the application for renewal of a license, the renewal fee, and the evidence with respect to continuing education, the board shall issue a license renewal to the assisted living administrator.
(d)(1) Failure to secure an annual renewal of a license based on a failure to meet the continuing education requirements, shall result in the expiration of the license. An expired license may not be reactivated. All persons holding an expired license shall be required to submit a new application and follow all procedures for new licensure and pay a reapplication fee established by the board.
(2) A licensee who complies with the continuing education requirements, but who does not renew within 90 days following its due date, shall be deemed delinquent and may renew within the 90-day period by paying a late renewal fee established by the board pursuant to its rule-making authority. A license that is not renewed within the 90-day period shall be deemed expired and is subject to reapplication as provided in subdivision (1).
(e) A licensee who holds a current license and who is not practicing as an assisted living administrator may place that license into an inactive status upon written application to the board. Any licensee whose license has been placed on inactive status may not engage in the practice of assisted living administration.
(f) A licensee whose license is on inactive status who wishes to reactivate that license may do so by making application to the board. The applicant shall attach proof of having completed twice the annual hours’ requirement of approved continuing education credits within one year of making application for license reactivation and shall pay a reactivation fee established by the board pursuant to its rule-making authority. A licensee may not have his or her license in inactive status for more than five years. After five years in inactive status, the license automatically expires.
(g) The board shall maintain a file of all applications for licensure that includes the following information on each applicant: Residence, name, age, the name and address of his or her employer or business connection, the date of application, educational experience qualifications, action taken by the board, serial numbers of licenses issued to the applicant, and the date on which the board acted on or reviewed the application.
(h) The board shall maintain a list of current licensees of the board and shall furnish the list on demand to any person who pays a fee established by the board pursuant to its rule-making authority. The State Department of Public Health and other state agencies with a direct need shall be provided copies at no cost.
(i) The board shall adopt a program for continuing education for its licensees by September 1, 2002. After that date, successful completion of the continuing education program by board licensees shall be required in order to obtain a renewal license.
(j) Continuing education shall not result in a passing or failing grade.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §12; Act 2015-319, §1.)
(a) The board may discipline its licensees by the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000) per violation, and may institute any legal proceedings necessary to effect compliance with this chapter.
(b) The license of any person practicing or offering to practice assisted living administration may be revoked or suspended by the board, or the person may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this section upon decision and after due hearing in any of, but not limited to, the following cases:
(1) Upon proof that the person has willfully or repeatedly violated any of the provisions of this chapter or the rules enacted in accordance with this chapter.
(2) Conduct or practices deemed to be detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted living facility or health care facility in this state or any other jurisdiction.
(3) Conviction in this state or any other jurisdiction of a felony or any crime involving the physical, sexual, mental, or verbal abuse of an individual.
(4) Conviction in this state or any other jurisdiction of any crime involving fraud.
(5) Pleas of nolo contendere, nolo contender, no contender, no contest, or guilty in any case involving a lewd or lascivious act against a child or an adult, inappropriate sexual conduct with a child or an adult, or any other crime in which the punishment could include a sentence of imprisonment exceeding one year.
(c) The board shall have the jurisdiction to hear all charges brought under this section against any person having been issued a license as an assisted living administrator or having been issued a license as a provisional assisted living administrator and, upon a hearing, shall determine the charges upon their merits. If the board determines that disciplinary measures should be taken, the board may revoke his or her license, suspend him or her from practice, or reprimand, censure, or otherwise discipline the person.
(d) All proceedings under this section shall be conducted by the board, according to its administrative rules, and the Alabama Administrative Procedure Act.
(e) Any party aggrieved by a final decision or order of the board suspending, revoking, or refusing to issue a license is entitled to a review of the decision or order by taking an appeal to the circuit court of the county in which the assisted living administrator or applicant resides. In such cases, the appeal shall be taken by filing notice thereof with the circuit court within 30 days of the date of notice by the board of its decision. Appeals from any order or judgment rendered thereon by the circuit court to the Supreme Court of Alabama shall be available as in other cases.
(f) The board shall report to the Department of Public Health all final disciplinary actions taken under this section.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §13; Act 2015-319, §1.)
The board may, for good cause shown upon such terms as the board may prescribe, reissue a license to any person whose license has been revoked.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §14.)
(a) It shall be a misdemeanor for any person to commit any of the following:
(1) Sell or fraudulently obtain or furnish any license or aid or abet in selling or fraudulently obtaining or furnishing any license.
(2) Practice as an assisted living administrator under cover of any license illegally or fraudulently obtained or unlawfully issued.
(3) Practice as an assisted living administrator or use in connection with his or her name any designation tending to imply that he or she is an assisted living administrator unless duly licensed to so practice under this chapter.
(4) Practice as an assisted living administrator or use in connection with his or her name any designation tending to imply that he or she is an assisted living administrator during the time his or her license issued under this chapter shall be expired, suspended, or revoked.
(5) Otherwise violate any of the provisions of this chapter.
(b) A violation of this chapter shall be a Class C misdemeanor punishable as provided by law.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §15.)
Nothing in this chapter shall be construed so as to limit, conflict with, or diminish the authority granted to the State Board of Public Health to license and regulate assisted living facilities pursuant to Chapter 21 of Title 22. The board may not set any requirement, promulgate any rule, or take any action in conflict with the rules of the State Board of Public Health.
(Act 2001-1057, 4th Sp. Sess., p. 1032, §16.)
If any person shall, without having become duly licensed to practice, or whose license to practice shall have expired either by disbarment, failure to pay his license fee within 30 days after the day it becomes due, or otherwise, practice or assume to act or hold himself or herself out to the public as a person qualified to practice or carry on the calling of a lawyer, he or she shall be guilty of a misdemeanor and fined not to exceed $500, or be imprisoned for a period not to exceed six months, or both.
(Acts 1923, No. 133, p. 100; Code 1923, §3318; Acts 1931, No. 241, p. 284; Code 1940, T. 46, §31.)
The Board of Commissioners of the State Bar shall have the following powers and authority in addition to the powers and authority heretofore conferred upon or vested in the board:
The board shall provide for a Board of Examiners on Admission to the State Bar and may prescribe rules and regulations governing the selection of examiners, their number, tenure, compensation, and authority, the subjects upon which candidates for admission shall be examined, the conduct of examiners, the time and place of meetings, and the certification of persons found to be qualified. The board shall prescribe necessary rules and regulations to ensure that the membership of the Board of Examiners on Admission to the State Bar is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state and that each member of the board of examiners is a citizen of this state.
(Acts 1949, No. 436, p. 632, §1; Act 2003-140, p. 438, §3; Act 2011-170, p. 329, §3.)
So long as the Birmingham School of Law, Miles College School of Law, and Jones School of Law maintain a four-year curriculum of law courses for resident law students each consisting of 30 weeks of classes or of one year more than the full-time program at the state university law school, namely the University of Alabama Law School, and with the curriculum covering basic law courses, covering all bar exam courses, and other elective courses sufficient for a four-year program, which courses are taught by licensed attorneys or judges, then, upon satisfactory completion of the courses, the graduates certified by the deans of the institutions shall be deemed to have sufficient legal training to take the bar exam offered by the State of Alabama or any of its agents as prescribed by law.
If they have other qualifying criteria, they have full rights to sit for the bar exam as any other applicant from any other schools.
This approval is given for as long as the schools operate and without reservation of powers to act further unless this section is anyway abrogated.
(Acts 1983, 3rd Ex. Sess., No. 83-823, p. 39, §1; Acts 1991, 1st Ex. Sess., No. 91-790, p. 184, §1.)
Applicants for admission to the bar not required by law to take an examination shall pay a fee to be set by the Board of Commissioners, but not to exceed one thousand five hundred dollars ($1,500); applicants for admission who are bona fide residents of the State of Alabama who are required to be examined by the Board of Bar Examiners shall pay a fee to be determined by the Board of Commissioners not to exceed one thousand dollars ($1,000), and applicants for admission who are not bona fide residents of the State of Alabama who are required to be examined by the Board of Bar Examiners shall pay the same fee set for residence examinees, plus an additional sum to be determined by the Board of Commissioners not to exceed one thousand dollars ($1,000). The Board of Commissioners shall not have the authority to increase the fee provided for in this paragraph for applicants who are bona fide residents of the State of Alabama or the additional fee for applicants who are not bona fide residents of the State of Alabama by more than one hundred dollars ($100) in any one calendar year. Such fees shall be paid to the Secretary of the Board of Bar Commissioners. Twenty-five dollars ($25) of each fee generated pursuant to this section shall be distributed by the secretary to the Alabama Lawyer Assistance Foundation.
(Code 1923, §6229; Acts 1939, No. 551, p. 871, §1; Code 1940, T. 46, §29; Acts 1951, No. 127, p. 355, §1; Acts 1971, No. 229, p. 533, §1; Acts 1979, No. 79-251, p. 383, §1; Acts 1991, 1st Ex. Sess., No. 91-791, p. 185, §1; Act 2009-661, p. 2028, §1.)
All fees and licenses paid by applicants for admission as provided in this chapter and attorneys’ annual license fee levied by the revenue law shall be deposited in the State Treasury to the credit of the Alabama State Bar and constitute a separate fund to be disbursed as provided in Section 34-3-44.
(Code 1923, §6230; Acts 1939, No. 551, p. 871, §1; Code 1940, T. 46, §30; Acts 1951, No. 127, p. 355, §1; Acts 1951, No. 827, p. 1459, §1.)
No attorney who is in default in the payment of such annual license shall be recognized in the courts of Alabama or in the voting or transacting of business by the State Bar as being in good standing until he or she has paid the required annual license fee.
(Code 1923, §6230; Acts 1939, No. 551, p. 871, §1; Code 1940, T. 46, §30; Acts 1951, No. 127, p. 355, §1; Acts 1951, No. 827, p. 1459, §1.)
(a) Only such persons as are regularly licensed have authority to practice law.
(b) For the purposes of this chapter, the practice of law is defined as follows:
Whoever,
(1) In a representative capacity appears as an advocate or draws papers, pleadings, or documents, or performs any act in connection with proceedings pending or prospective before a court or a body, board, committee, commission, or officer constituted by law or having authority to take evidence in or settle or determine controversies in the exercise of the judicial power of the state or any subdivision thereof; or
(2) For a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect, advises or counsels another as to secular law, or draws or procures or assists in the drawing of a paper, document, or instrument affecting or relating to secular rights; or
(3) For a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect, does any act in a representative capacity in behalf of another tending to obtain or secure for such other the prevention or the redress of a wrong or the enforcement or establishment of a right; or
(4) As a vocation, enforces, secures, settles, adjusts, or compromises defaulted, controverted, or disputed accounts, claims, or demands between persons with neither of whom he or she is in privity or in the relation of employer and employee in the ordinary sense; is practicing law.
(c) Nothing in this section shall be construed to prohibit any person, firm, or corporation from attending to and caring for his, her, or its own business, claims, or demands, nor from preparing abstracts of title, certifying, guaranteeing, or insuring titles to property, real or personal, or an interest therein, or a lien or encumbrance thereon, but any such person, firm, or corporation engaged in preparing abstracts of title, certifying, guaranteeing, or insuring titles to real or personal property are prohibited from preparing or drawing or procuring or assisting in the drawing or preparation of deeds, conveyances, mortgages, and any paper, document, or instrument affecting or relating to secular rights, which acts are hereby defined to be an act of practicing law, unless such person, firm, or corporation shall have a proprietary interest in such property; however, any such person, firm, or corporation so engaged in preparing abstracts of title, certifying, guaranteeing, or insuring titles shall be permitted to prepare or draw or procure or assist in the drawing or preparation of simple affidavits or statements of fact to be used by such person, firm, or corporation in support of its title policies, to be retained in its files and not to be recorded.
(d) Only a person who is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, may be licensed to practice law in this state.
(e) Each attorney licensed to practice law in the State of Alabama, whether the license is a special or a regular license, may provide pro bono legal services organized through or recognized by the Alabama State Bar Association.
(Code 1852, §729; Code 1867, §816; Code 1876, §780; Code 1886, §853; Code 1896, §579; Code 1907, §2983; Code 1923, §6248; Acts 1927, No. 573, p. 669, §1; Acts 1931, No. 493, p. 606, §1; Code 1940, T. 46, §42; Acts 1949, No. 167, p. 194, §1; Act 2011-170, p. 329, §3; Act 2018-561, §1.)
Any person, firm or corporation who is not a regularly licensed attorney who does an act defined in this article to be an act of practicing law is guilty of a misdemeanor and, on conviction, must be punished as provided by law. Any person, firm or corporation who conspires with, aids and abets another person, firm or corporation in the commission of such misdemeanor must, on conviction, be punished as provided by law.
(Code 1852, §729; Code 1867, §816; Code 1876, §780; Code 1886, §853; Code 1896, §579; Code 1907, §2983; Code 1923, §6248; Acts 1927, No. 573, p. 669, §1; Acts 1931, No. 493, p. 606, §3; Code 1940, T. 46, §42; Acts 1949, No. 167, p. 194, §1.)
Any person who practices law in any court in which he is clerk, deputy clerk or regularly employed to perform any of the ministerial duties thereof must, on conviction, be fined not less than $100.
(Code 1876, §4144; Code 1886, §3942; Code 1896, §5128; Code 1907, §6315; Code 1923, §3311; Code 1940, T. 46, §56.)
Any sheriff, coroner, or deputy thereof, or constable who practices law in any court of this state must, on conviction, be fined not less than $100.
(Code 1886, §3943; Code 1896, §5129; Code 1907, §6316; Code 1923, §3312; Code 1940, T. 46, §57.)
Any register or clerk of circuit court, who practices law in the court of which he is clerk or register, or any partner of such register or clerk, who practices in such court, must, on conviction, be fined not less than $100 nor more than $500.
(Code 1886, §3944; Code 1896, §5130; Code 1907, §6317; Code 1923, §3313; Code 1940, T. 46, §58.)
Any judge of a court of record in this state who practices law in any of the courts of this state, or of the United States, or who renders any professional services or gives any legal advice, must on conviction be fined in such sum as the jury or court trying the same may assess, not less than $100 nor more than $1,000.
(Code 1867, §636; Code 1876, §4179; Code 1886, §3945; Code 1896, §5131; Code 1907, §6318; Acts 1911, No. 470, p. 549; Code 1923, §3314; Code 1940, T. 46, §59.)
Any attorney-at-law who is the law partner of any district attorney in this state, who defends a criminal case of any kind, character or description in any court in this state in which such district attorney is the prosecuting officer, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500.
(Code 1907, §6319; Code 1923, §3315; Code 1940, T. 46, §60.)
Any officer who has the power or authority to take complaints and issue warrants of arrest, and who acts as an attorney in any such case in which he or she took the complaint or issued the warrant, or heard the examination or tried the case in any court on preliminary examination or appeal or trial before a jury, must, on conviction, be fined not less than $50 nor more than $500.
(Code 1907, §6320; Code 1923, §3316; Code 1940, T. 46, §61.)
The judge of any court of record, the sheriff or deputy of the sheriff must not practice law; the clerk of the circuit court or the deputy of the clerk must not practice in the county of which he or she is clerk or deputy; the register or his or her partner or the deputy of the register must not practice in the court of which he or she is register or deputy; the clerk of the judge of probate must not practice in the court of which his or her principal is the judge.
(Code 1852, §739; Code 1867, §873; Code 1876, §§792, 794; Code 1886, §865; Code 1896, §591; Code 1907, §2987; Code 1923, §6252; Code 1940, T. 46, §45.)
Every attorney-at-law before being permitted to practice shall take the following oath or affirmation before an officer authorized to administer oaths:
“I do solemnly swear (or affirm) that I will demean myself as an attorney, according to the best of my learning and ability, and with all good fidelity, as well to the court as to the client; that I will use no falsehood or delay any person’s cause for lucre or malice and that I will support the Constitution of the State of Alabama and of the United States, so long as I continue a citizen thereof, so help me God.”
If any attorney commences practice before taking the oath as prescribed by this section, he or she forfeits the sum of $200, one half to the use of the person suing for the same and the other to the state.
(Code 1852, §§735, 756; Code 1867, §§869, 870; Code 1876, §§788, 789; Code 1886, §§861, 862; Code 1896, §§587, 588; Code 1907, §§2978, 2980; Code 1923, §§6243, 6245; Code 1940, T. 46, §§39, 40.)
(a) Annual meeting. There shall be an annual meeting of the lawyers of Alabama, open to all members of the State Bar in good standing, to be held at such place and time as the Board of Commissioners shall designate. At the same place, and immediately following the adjournment of the annual meeting of the State Bar, the Board of Commissioners shall hold its annual meeting.
(b) Officers; their election and succession.
(1) The officers of the Alabama State Bar shall be the president, president-elect, vice-president, and secretary. At the time of nomination and election and during incumbency, the president, president-elect, and vice-president each shall be a member in good standing of the Alabama State Bar.
(2) The office of president shall be filled annually by succession at the end of the annual meeting, at which time the president-elect, who has served as president-elect during the preceding year, shall succeed to the presidency. The president shall not be eligible to serve successive terms.
(3) A president-elect shall be elected annually as hereinafter provided, and shall take office as president-elect at the end of the annual meeting held during the year of such election. Such president-elect shall succeed to the presidency at the end of the annual meeting held during the next succeeding year, at which time the term of the preceding president shall expire. The president-elect shall be elected by the members of the State Bar in good standing, who shall vote by secret ballot delivered or mailed to State Bar headquarters by the date designated by the Board of Commissioners.
(4) To qualify for election as president-elect, a candidate shall file at State Bar headquarters a nominating petition signed by at least 25 members in good standing by the date established by the Board of Commissioners, provided, however, that the deadline for filing nominating petitions shall be at least 90 days prior to the election.
(5) At its annual meeting, the Board of Commissioners shall elect a vice-president, who shall be a current member of the Board of Commissioners. It also shall elect a secretary, who need not be a member of the board, and such other officers of the board and agents as the board may deem appropriate, all of whom shall hold office at the pleasure of the board and shall be subject to removal without cause by the board at any time.
(6) The secretary and president shall be the only paid officers of the board. The secretary shall be paid a salary to be fixed by the board, and the president may be paid an additional allowance to be fixed by the board.
(7) The Board of Commissioners may prescribe rules and regulations for the administration of the elections not in conflict with the provisions of this chapter.
(c) The president, president-elect, and immediate past president, respectively, shall serve ex officio as president, president-elect, and immediate past president, respectively, of the Board of Commissioners, and shall discharge the duties imposed in this chapter on the president, president-elect, and immediate past president, respectively; they shall be reimbursed for their expense as are elected members of the board, and may attend all meetings of the board, including executive sessions thereof; but shall not vote as members of the board, unless they are members by election thereto under the provisions of Section 34-3-41, except that the president, the president-elect, or the vice-president, if presiding, may vote in case of a tie.
(d) The vice-president shall assume office upon his or her election and shall hold office until his or her successor is elected by the Board of Commissioners at the next annual meeting of the Board of Commissioners.
(e) The president shall preside at all meetings of the board and of the State Bar. In the absence or disqualification of the president at any meeting of the board or the State Bar, his or her duties shall be discharged by the vice-president.
(f) In the event a vacancy in the office of the president, the vice-president shall succeed to the presidency, and shall serve out the unexpired term. In the event the vice-president shall succeed to the presidency, the Board of Commissioners shall elect a new vice-president for the unexpired term in the manner provided for herein. In the event of a vacancy in the office of president-elect, a president also shall be elected at the same time and in the same manner as the president-elect.
(g) The president and president-elect of the State Bar who shall hold office on January 1, 1987, shall remain in office until the end of the next annual meeting, at which time the president-elect shall assume the office of president.
(Code 1907, §6239; Code 1923, §6224; Acts 1927, No. 115, p. 79, §1; Code 1940, T. 46, §24; Acts 1951, No. 128, p. 355, §1; Acts 1979, Ex. Sess., No. 79-25, p. 34, §1; Acts 1986, No. 86-544, p. 1076, §1.)
All lawyers who are qualified to practice law in Alabama and who are not engaged in active practice because they are holding a state or federal office that precludes them from practicing law may become members of the Alabama Bar Association by paying directly to the secretary of such association an annual sum equal to 50 percent of the money collected by the State of Alabama from a lawyer as a privilege license tax to engage in the practice of law. Upon payment of the sum as prescribed in the preceding sentence, such persons shall be entitled to all the privileges and benefits common to other members of such association.
(Acts 1945, No. 409, p. 645; Acts 1979, Ex. Sess., No. 79-26, p. 36, §1.)
All lawyers who are qualified to practice law in Alabama and who are not engaged in active practice may become members of the Alabama Bar Association by paying directly to the secretary of such association an annual sum equal to 50 percent of the money collected by the State of Alabama from a lawyer as a privilege license tax to engage in the practice of law. Upon the payment of the sum as prescribed in this section, such person shall be entitled to all the privileges and benefits common to the other members of such association.
(Acts 1951, No. 129, p. 356, §§1, 2; Acts 1979, Ex. Sess., No. 79-26, p. 36, §2.)
The provisions of this article shall not be construed to prevent any person from conducting or managing his or her own case in any court in this state.
(Code 1852, §737; Code 1867, §871; Code 1876, §790; Code 1886, §863; Code 1896, §589; Code 1907, §2981; Code 1923, §6246; Code 1940, T. 46, §41.)
It is the duty of attorneys:
(1) To support the Constitution and laws of this state and of the United States.
(2) To maintain the respect due to courts of justice and judicial officers.
(3) To employ for the purpose of maintaining the causes confided to them such means only as are consistent with truth and never to seek to mislead the judges by any artifice or false statement of the law.
(4) To maintain inviolate the confidence and at every peril to themselves to preserve the secrets of their clients.
(5) To abstain from all offensive personalities and to advance no fact prejudicial to the honor or reputation of a party or a witness, unless required by the justice of the cause with which they are charged.
(6) To encourage neither the commencement nor continuance of any action or proceeding from any motive of passion or interest.
(7) Never to reject for any consideration personal to themselves the cause of the defenseless or oppressed.
(Code 1852, §738; Code 1867, §872; Code 1876, §791; Code 1886, §864; Code 1896, §590; Code 1907, §2985; Code 1923, §6250; Code 1940, T. 46, §43.)
An attorney has authority to bind his or her client, in any action or proceeding, by any agreement in relation to such case, made in writing, or by an entry to be made on the minutes of the court.
(Code 1852, §743; Code 1867, §877; Code 1876, §796; Code 1886, §866; Code 1896, §592; Code 1907, §2988; Code 1923, §6253; Code 1940, T. 46, §46.)
If it is alleged by a party for whom an attorney appears that he or she does so without authority, the court may at any stage of the proceedings, upon proof of the allegation, relieve the party for whom the attorney has assumed to appear from the consequences of his or her acts.
Any attorney appearing for a person without being employed must, on conviction, be fined not less than $500 and shall be incompetent to practice in any court of this state.
(Code 1852, §§744, 745; Code 1867, §§878, 879; Code 1876, §§797, 4143; Code 1886, §§867, 3941; Code 1896, §§593, 5127; Code 1907, §§2989, 6314; Code 1923, §§3310, 6254; Code 1940, T. 46, §§47, 55.)
The court or judge may, on motion of either party and on being shown reasonable grounds therefor, require the attorney for the adverse party, or for one of the several adverse parties, to produce or prove the authority under which he or she appears and, until he or she does so, may stay all proceedings by him or her on behalf of the party for whom he or she assumes to appear; but the oath of the attorney is presumptive evidence of his or her authority.
(Code 1852, §746; Code 1867, §880; Code 1876, §798; Code 1886, §868; Code 1896, §594; Code 1907, §2990; Code 1923, §6255; Code 1940, T. 46, §48.)
Any attorney-at-law, either before or after action brought, who gives, offers, or promises to give a valuable consideration to another person as an inducement to placing in the hands of such attorney or in the hands of any partnership of attorneys, or in the hands of any other attorney, a demand of any kind for the purpose of bringing an action or making claim against another person, corporation or partnership, or who gives or offers or promises a valuable consideration to any person in consideration of such person having so placed in his hands as an attorney, or of any other attorney, partnership or firm of attorneys, a demand of any kind for the purpose of bringing an action or making claim against another; or who employs or offers to employ any person to search for or procure clients to be brought to such attorney or any other attorney, or partnership or firm of attorneys; or who employs or offers to employ a person to solicit, search for or procure business for himself as attorney or for any other attorney, firm or partnership of attorneys shall be guilty of a misdemeanor and, on conviction, shall be fined in a sum not exceeding $1,000 and also be removed and disbarred from practicing as an attorney-at-law in this state, and may be imprisoned in the county jail or sentenced to hard labor for the county for a term not exceeding six months, at the discretion of the court trying the case.
(Code 1907, §6312; Code 1923, §3308; Code 1940, T. 46, §53.)
Any person who shall, before or after an action is brought, receive or agree to receive from any attorney-at-law, firm or partnership of attorneys compensation for services in seeking out, procuring or placing in the hands of an attorney, firm or partnership of attorneys a demand of any kind for an action or compromise shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding $1,000 and, in addition, may be punished by imprisonment in the county jail or by hard labor for the county for a term not exceeding six months, at the discretion of the court trying the case.
(Code 1907, §6313; Code 1923, §3309; Code 1940, T. 46, §54.)
(a) The governing body of Alabama State Bar shall be the Board of Commissioners composed of at least one member from each judicial circuit; provided that, for this purpose, that part of the Tenth Judicial Circuit, known as the “Bessemer Cut-off” electoral district, for electing its circuit judge shall be considered and construed as a separate judicial circuit. Each commissioner, at the time of nomination and election and during incumbency, shall be a member in good standing of the Alabama State Bar whose principal office is maintained in the circuit he or she represents.
(b) The membership of the Board of Commissioners of the State Bar shall be constituted as follows:
(1) One member from each judicial circuit.
(2) One member from the electoral district of the Tenth Judicial Circuit, known as the “Bessemer Cut-off” electoral district, for electing its circuit judge.
(3) One additional commissioner for each 300 members of the State Bar in a circuit who maintain their principal office in the circuit as of March 1 of each year, each such commissioner to be an additional representative for his or her circuit; provided, however, that no circuit and no county shall be entitled to more than 10 commissioners.
(4) Those persons selected as at-large members of the Board of Commissioners pursuant to Section 34-3-41(b)(5).
(c) Except for at-large members of the Board of Commissioners who shall be selected as provided pursuant to Section 34-3-41(b)(5), each commissioner shall be elected in the manner hereinafter provided and shall hold office for three years, except that the initial terms for additional commissioners under subdivision (b)(3) of this section may be limited pursuant to Section 34-3-41(b)(2).
(Acts 1923, No. 133, p. 100, §1; Code 1923, §6220; Code 1940, T. 46, §21; Acts 1986, No. 86-544, p. 1076, §2; Act 2004-530, p. 1115, §1.)
(a) The members of the Board of Commissioners for each judicial circuit shall be elected by the members of the State Bar who maintain their principal office in such circuit; provided, however, that for the Tenth Circuit, each commissioner shall be elected by the lawyers who maintain their principal office in the portion of the circuit outside the Bessemer Cut-off electoral district and each commissioner for the Bessemer Cut-off electoral district shall be elected by the lawyers who maintain their principal office in that portion of the circuit inside the Bessemer Cut-off electoral district. Such election shall be by secret ballot, mailed or delivered to the State Bar headquarters by a date established by the Board of Commissioners. Nothing contained in this article shall prohibit the election of the president of the State Bar as provided in this chapter, who shall be a bona fide resident of any judicial circuit of this state and who shall be ex officio president of the Board of Commissioners in case he or she is not already a member of said board. If hereafter additional judicial circuits are constituted, each such additional circuit shall be entitled to a commissioner or commissioners on said board, as provided by Section 34-3-40. There shall be an annual election for the purpose of selecting successors to the commissioners whose terms expire.
The board shall prescribe rules and regulations in regard to such annual elections and establishment of additional commissioner positions as required, not in conflict with the provisions of this article. The board shall, in accordance with its rules, give at least 60 days’ notice of the time for holding the election each year. Such annual election shall be held on the first Tuesday in June of each year and continue for one week. The term of each commissioner shall be three years from July first following his or her election, except initial terms prescribed by the Board of Commissioners pursuant to subdivision (b)(2) of this section.
(b)(1) The Board of Commissioners shall identify annually the circuits entitled to more than one commissioner based upon the principal location of bar members’ offices as of March 1. In such circuits the original commissioner shall be identified as “Commissioner No. 1” and each additional commissioner shall be designated in sequential numbers.
(2) The Board of Commissioners shall establish initial terms for new commissioners so that, to the extent possible, the terms of the commissioners for a particular circuit will not expire simultaneously. To accomplish this the Board of Commissioners may designate the initial term of any new commissioner position for one year, two years, or three years. Regardless of the length of the initial term, subsequent terms of that commissioner’s position shall be three years.
(3) No person shall serve more than three consecutive terms as a commissioner.
(4) The number of lawyers per circuit shall be determined by the number of members whose principal office is within a circuit. In determining the number of commissioners for the Tenth Judicial Circuit, members maintaining their principal office in the electoral district known as the “Bessemer Cut-off” district shall not be included in this district for determining additional commissioners for the Tenth Circuit.
(5) In order to ensure that, to the extent possible, the membership of the Board of Commissioners reflects the racial, ethnic, gender, and age diversity, as well as the geographical diversity, of the membership of the Alabama State Bar, there shall be, in addition to the election of members of the Board of Commissioners as provided in subsection (a), nine at-large members of the Board of Commissioners who shall be selected by a majority vote of the members of the board from nominations submitted to the board by members of the Alabama State Bar, by associations of lawyers, or by sections of the Alabama State Bar, pursuant to such rules and procedures as may be prescribed by the Board of Commissioners. In selecting the nine at-large members of the board, the Board of Commissioners shall seek to ensure, to the extent possible, that the Board of Commissioners reflects the racial, ethnic, gender, and age diversity, as well as the geographic diversity, of the membership of the Alabama State Bar. The term of office of each at-large commissioner shall be the same as that provided in subdivisions (2) and (3) of this subsection, provided that, for the year 2005, three at-large members shall be selected for terms of one year each, three at-large members shall be selected for terms of two years each, and three at-large members shall be selected for terms of three years each. All subsequent terms of the at-large members of the Board of Commissioners shall be for terms of three years.
(Acts 1923, No. 133, p. 100, §2; Code 1923, §6221; Acts 1927, No. 115, p. 79, §1; Acts 1931, No. 241, p. 284; Code 1940, T. 46, §22; Acts 1986, No. 86-544, p. 1076, §3; Act 2004-530, p. 1115, §1.)
Nomination to the office of commissioner shall be by written petition of any five or more members of the bar in good standing who maintain their principal office in the circuit where such nominee maintains his or her principal office. Any number of candidates may be nominated on a single petition. Such nominating petitions shall be mailed to the secretary of the Board of Commissioners within a period to be fixed by the rules made by the Board of Commissioners. Any attorney may become a candidate for membership on said board from the circuit of his or her principal office by filing a written declaration in the same manner as the nominations are required to be filed.
(Acts 1923, No. 133, p. 100, §4; Code 1923, §6223; Code 1940, T. 46, §23; Acts 1986, No. 86-544, p. 1076, §4.)
(a) The Board of Commissioners shall have power:
(1) To determine, by rules, the qualifications and requirements for admission to the practice of law;
(2) To conduct through a Board of Examiners the examination of applicants; and such Board of Examiners shall certify to the Supreme Court the names of the applicants found to be qualified; such certifications shall entitle such persons to be enrolled in the bar of the state and to practice law; provided, that the fees required are paid;
(3) Subject to the approval of the supreme court, to formulate rules governing the conduct of all persons admitted to practice and to investigate, or cause to be investigated, and to pass upon all complaints that may be made concerning the professional conduct of any person who has been, or may hereafter be, admitted to the practice of the law;
(4) Subject to the approval of the supreme court, to formulate rules governing the reinstatement of members of the bar who have been disbarred and to pass upon all petitions for reinstatement;
(5) To appoint one or more committees from the membership of the board, or from the membership of the entire bar, or partly from one and partly from the other, to take evidence in connection with any complaint filed against any attorney and forward the same to the board. In all cases, testimony with reference to such charges shall be taken at the courthouse of the county of the residence of the party charged; provided, that the evidence of witnesses residing outside of such county may be taken in the same manner as provided by law for the taking of depositions in civil cases. The district attorney of the circuit in which such accused attorney resides shall prosecute any such charge or case, interrogate the witnesses, introduce the evidence in support of such charges and, when requested by any member of the board, argue the matter before the board. The board shall administer such discipline, by public or private reprimand, suspension from the practice of law or exclusion and disbarment therefrom, as the case shall, in its judgment, warrant. A majority of the board shall constitute a quorum, and the majority of those present (if a quorum be present) shall be empowered to act as and for the entire board. The Supreme Court may, and on petition of the party aggrieved must, in any case of suspension or disbarment from practice, review the action of the board, and may, on its own motion, and without the certification of any record, inquire into the merits of the case and take any action agreeable to its judgment. Rules regulating the manner of such review and providing for the certification of the evidence or, if the Supreme Court desires, the taking of additional evidence, shall be promulgated by said board and become effective upon approval by the Supreme Court;
(6) To make rules and bylaws not in conflict with any of the terms of this chapter concerning the selection and tenure of its officers and committees and their powers and duties, and generally for the control and regulation of the business of the board and of the State Bar;
(7) To hold and conduct educational and social meetings and activities among the members of the bar, to publish journals and generally to do such things as in its judgment may tend to improve the educational and ethical standing of bench and bar;
(8) Should any vacancies occur on said board, to fill such vacancies by appointment of a member of the State Bar from the judicial circuit in which said vacancy exists, and such appointee shall hold for the time of the unexpired term or pending the election of his successor;
(9) To establish circuit or branch associations of the State Bar, and, if circuit associations are established, the member of the board from said circuit shall be ex officio the president of such circuit association. Said circuit or branch association shall have no authority to suspend or disbar attorneys and in all matters shall be subordinate to the authority of the board.
(b) If any member of said board is a party to the preferment of charges for disbarment or suspension of any lawyer, or there exists as against any member of such board any cause provided by law for the disqualifications of judges or jurors in civil or criminal cases, such member shall be disqualified from sitting as a member of said board in the hearing of such charges.
(c) Said board shall have no authority, nor shall it in any way undertake, to regulate the fees or charges of lawyers for the rendition of their professional services.
(d) The Board of Commissioners may delegate such power as it deems appropriate to an executive council composed of the president, president-elect, vice-president, immediate past president, and three commissioners elected by the Board of Bar Commissioners.
(Acts 1923, No. 133, p. 100, §6; Code 1923, §6225; Acts 1931, No. 241, p. 284; Code 1940, T. 46, §25; Acts 1986, No. 86-544, p. 1076, §5.)
The Board of Commissioners of the Alabama State Bar is an agency of the Judicial Branch of state government.
(Act 2026-58, §1.)
For the purpose of carrying out the objectives of this chapter and for the exercise of the powers herein granted, the board shall have power to direct the disbursement of the fund created by Section 34-3-4, which shall be paid on warrant of the state Comptroller upon certificate or voucher of the secretary of the Board of Commissioners, approved by the president or vice-president of the Board of Commissioners.
No member of the board shall receive any compensation for his or her service as such board member other than actual necessary expenses incurred in the discharge of his duties.
No funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41 of this code, and only in amounts as stipulated in the general appropriation bill.
(Acts 1923, No. 133, p. 100, §13; Code 1923, §6282; Code 1940, T. 46, §32; Acts 1951, No. 827, p. 1459, §1.)
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.
(Code 1907, §§3010, 5219; Code 1923, §§6261, 9319; Code 1940, T. 46, §63.)
(a) Attorneys-at-law shall have a lien on all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers until the claims are satisfied, and may apply such money to the satisfaction of the claims.
(b) Upon actions and judgments for money, they shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy the action or judgment, until the lien or claim of the attorney for his or her fees is fully satisfied; and attorneys-at-law shall have the same right and power over action or judgment to enforce their liens as their clients had or may have for the amount due thereon to them.
(c) Upon all actions for the recovery of real or personal property, and upon all judgments for the recovery of the same, attorneys-at-law shall have a lien on the property recovered, for their fees, superior to all liens but liens for taxes, which may be enforced by the attorneys-at-law, or their lawful representatives, as liens on personal and real estate, and the property recovered shall remain subject to the liens, unless transferred to bona fide purchasers without notice.
(d) The lien in the event of an action, provided in subsections (b) and (c) of this section, shall not attach until the service upon the defendant or respondent of summons, writ or other process. However, when any claim is settled between the parties after the filing of an action but before the defendant has actual notice of the filing of the action by service of summons or otherwise, such settlement shall operate as a full discharge of the claim.
(Code 1907, §3011; Code 1923, §6262; Code 1940, T. 46, §64.)
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.
(Code 1907, §3009; Code 1923, §6260; Code 1940, T. 46, §52.)
(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.
(Act 2021-545, §2.)
The Board of Commissioners shall establish rules governing procedure in cases involving alleged professional misconduct of members of the State Bar. The grievance committee of the Alabama State Bar or the Grievance Committee of a circuit, county, or city association, established or approved by the Alabama State Bar or its Board of Commissioners, shall have the power and authority to investigate any alleged professional misconduct of a member of the State Bar, whether or not charge or complaint therefor is made or referred to it, and to report its findings or recommendations to the Board of Commissioners, or to prefer complaint or charge thereon against the accused attorney-at-law before the Board of Commissioners for trial thereof, and to prosecute to decision the complaint or charge before the Board of Commissioners, and the duty is imposed upon the Board of Commissioners of considering such findings or recommendations and of hearing and determining such complaint or charge. Such grievance committee is hereby empowered to take testimony under oath in any such investigation, or the Board of Commissioners or such grievance committee may designate any person as commissioner to take testimony under oath in any such investigation whose compensation for the services so rendered may be fixed and ordered paid by the Board of Commissioners at its discretion. Such Board of Commissioners or any member thereof or such grievance committee or any member thereof shall not be required to give any security for costs and shall not be liable for any costs or damages to the accused attorney incident to such investigation, report, complaint, charge, prosecution, or trial. The Board of Commissioners may appoint counsel to prosecute before it any such complaint or charge so preferred before it against an attorney and may within its discretion fix and order paid reasonable compensation for the services so rendered by such counsel. It shall be the duty of the sheriff of the state or of any lawful officer thereof to serve such writs, subpoenas, or other papers in connection with the investigation, hearing and determining of such complaint or charge as may be placed in his or her hands by the Board of Commissioners or the grievance committee or any person designated hereunder as commissioner to take testimony in such investigation or any counsel appointed by the Board of Commissioners to prosecute before it such complaint or charge or the accused attorney or his or her attorney; such subpoenas, writs, or other papers hereunder may be served by sending copies thereof to the proper parties by registered or certified mail, and the return receipts of such writs, subpoenas, or other papers, signed by the party to be served, shall be construed to be as personal, sufficient, and legal service of all such writs, subpoenas, or other papers.
(Acts 1923, No. 133, p. 100, §14; Code 1923, §6233; Acts 1931, No. 597, p. 683, §1; Code 1940, T. 46, §33.)
The rules and regulations adopted by the Board of Commissioners relative to disbarment shall not be effective until approved by the Supreme Court.
(Acts 1923, No. 133, p. 100, §15; Code 1923, §6234; Acts 1931, No. 597, p. 683, §1; Code 1940, T. 46, §34.)
In the investigation of charges of professional misconduct, the board and any committee appointed by it for this purpose shall have power to summon and examine witnesses under oath and compel their attendance and the production of books, papers, documents, and other writings necessary or material to the inquiry. Such summons or subpoena shall be issued under the hand of the secretary of the board or the chairman of any duly constituted subcommittee of the board and shall have the force of a subpoena issued by a court of competent jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or other writings demanded shall be liable to attachment upon application to the Supreme Court of the state or to any judge of any court of record for the district where the investigation is conducted as in cases of contempt.
(Acts 1923, No. 133, p. 100, §16; Code 1923, §6235; Code 1940, T. 46, §35.)
Any member of the bar complained of shall have notice and opportunity to defend by the introduction of evidence and the examination of witnesses called against him or her and the right to be represented by counsel. He shall also have the right to require the secretary to summon witnesses to appear and testify or produce books, papers, documents, or other writings necessary or material to his or her defense in like manner as above provided.
(Acts 1923, No. 133, p. 100, §17; Code 1923, §6236; Code 1940, T. 46, §36.)
The board shall by rules provided for such purpose and out of the funds herein provided for arrange for the payment of reasonable costs for the summoning of witnesses and the payment of their fees, which costs and fees shall be the same in amount as provided by law in civil cases.
(Acts 1923, No. 133, p. 100, §18; Code 1923, §6237; Code 1940, T. 46, §37.)
A complete record of the proceedings and evidence taken by the board, committee, or commissioner shall be made and preserved by the board, but it may, where sufficient reason appears and the accused gives his or her consent, cause the same to be expunged.
(Acts 1923, No. 133, p. 100, §19; Code 1923, §6238; Code 1940, T. 46, §38.)
An attorney must be removed for the following causes by the circuit court:
(1) Upon his or her being convicted of a felony other than manslaughter or of a misdemeanor involving moral turpitude, in either of which cases the record of his or her conviction is conclusive evidence.
(2) When any judgment is rendered against him or her for money collected by him or her as attorney, upon which judgment an execution has issued and been returned no property, in which case the record of the judgment and execution is conclusive evidence.
(Code 1852, §747; Code 1867, §881; Code 1876, §799; Code 1886, §869; Code 1896, §595; Code 1907, §2991; Code 1923, §6256; Code 1940, T. 46, §49.)
For the following causes an attorney may be removed or suspended by the circuit court:
(1) Upon its being shown, to the satisfaction of the court, that he or she has been guilty of any deceit or willful misconduct in his or her profession.
(2) For a willful disobedience or violation of the order of a court, requiring him or her to do or forbear an act connected with or in the course of his profession.
(3) For a willful violation of any of the provisions of Section 34-3-20 or Section 34-3-24.
(Code 1852, §748; Code 1867, §882; Code 1876, §800; Code 1886, §870; Code 1896, §596; Code 1907, §2992; Code 1923, §6257; Code 1940, T. 46, §50.)
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.
(Acts 1923, No. 133, p. 100, §9; Code 1923, §6228; Code 1940, T. 46, §28.)
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.
(Code 1852, §749; Code 1867, §883; Code 1876, §801; Code 1886, §871; Code 1896, §597; Code 1907, §2993; Code 1923, §6258; Code 1940, T. 46, §51.)
The Legislature hereby finds and declares that it is necessary and desirable, in the best interests of the state, that the Alabama State Bar have a building or buildings with space available for its administrative offices, for its Board of Commissioners, for the Board of Examiners on Admission to the State Bar, for the storage of library and other educational materials relating to the improvement of the administration of justice, for its standing and other committees and the staffs of its professional journals, for continuing legal education activities and for other related purposes. It is the intention of the Legislature by the passage of this article to authorize the incorporation of the president, the first vice-president and the secretary of the Alabama State Bar as a public corporation for the purpose of constructing, erecting, owning, operating, and maintaining such a building or buildings and to vest such corporation with all powers, authority, rights, and privileges necessary to accomplish such purpose. This article shall be liberally construed in conformity with the purpose.
(Acts 1961, No. 670, p. 917, §1.)
The president, the first vice-president, and the secretary of the Alabama State Bar may become a corporation by presenting to the Secretary of the State of Alabama an application signed by them setting forth:
(1) The name and official designation of each of the applicants;
(2) The dates of beginning and ending of the term of office of each of the applicants;
(3) The name of the proposed corporation, which shall be Alabama State Bar Foundation if such name is available for such use by the corporation, but if such name is not available then the applicants shall designate some other similar name that is available;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of Alabama to take acknowledgments to deeds.
There shall be attached to the application:
(1) A certificate made by the secretary of the Alabama State Bar, under its seal, stating that the persons signing the application as president and first vice-president of the Alabama State Bar are known to him or her as president and first vice-president, respectively, of the Alabama State Bar; and
(2) A certificate made by the president of the Alabama State Bar, under its seal, stating that the person signing the application as secretary of the Alabama State Bar is known to him or her as the secretary of the Alabama State Bar.
The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, he or she shall receive, file, and record it in an appropriate book of record in his or her office.
(Acts 1961, No. 670, p. 917, §2.)
When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation, under the Great Seal of the State, and shall record the certificate with the application. No fees shall be paid to the Secretary of State for any work in connection with the incorporation of the corporation, which is hereinafter sometimes called “the foundation.”
(Acts 1961, No. 670, p. 917, §3.)
The foundation shall be governed by a board of trustees consisting of the president, the first vice-president, and the members of the Board of Commissioners of the Alabama State Bar, each of whom shall be a voting member of such board of trustees and shall hold office as such concurrently with his or her term of office as president, first vice-president or member of the Board of Commissioners of the Alabama State Bar, as the case may be. The board of trustees may adopt such bylaws for the conduct and regulation of its meetings and the affairs of the foundation as such board may desire and as are not inconsistent with this article or the laws of Alabama.
The president, first vice-president, and secretary of the Alabama State Bar shall serve as ex officio president, vice-president, and secretary of the foundation. The board of trustees of the foundation may appoint such other officers as it shall deem appropriate. No officer or member of the board of trustees of the foundation shall be entitled to any compensation for acting as such, but each thereof shall be entitled to be reimbursed for the reasonable and necessary expenses incurred by him or her in the discharge of his or her official duties.
(Acts 1961, No. 670, p. 917, §4.)
The foundation shall have the following powers:
(1) To have succession by its corporate name in perpetuity;
(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(3) To adopt and use a corporate seal and to alter the same at pleasure;
(4) To acquire by gift, grant, purchase, condemnation, or otherwise, and to hold title to, real or personal property, or both, together with all rights incidental thereto;
(5) To construct, erect, operate, and maintain one or more buildings for use by the Alabama State Bar;
(6) To lease and make available to the Alabama State Bar all or any part of the space in any of its buildings, with or without the payment of rental and on such other terms and conditions as the board of trustees of the foundation may prescribe;
(7) To lease, as either lessor or lessee and on such terms and conditions as its board of trustees may prescribe, any real or personal property;
(8) To employ such employees and agents as the business of the foundation may require;
(9) To accept devises, bequests, and donations; and
(10) To have all other powers necessary or desirable to accomplish its corporate purposes.
(Acts 1961, No. 670, p. 917, §5.)
All properties of the foundation, the income therefrom, and all other income of the foundation shall forever be exempt from any form of taxation in the State of Alabama. All deeds, lease agreements, and other recordable documents to which the foundation is a party shall be exempt from the payment of any deed, mortgage, and other tax in the State of Alabama.
(Acts 1961, No. 670, p. 917, §6.)
As promptly as practicable after the incorporation of the foundation, the Governor shall execute and deliver to the foundation an appropriate deed conveying to the foundation that certain lot or parcel of land owned by the state and situated adjacent to the Judicial Building in the City and County of Montgomery, Alabama, upon the condition that if the land shall ever cease being used for any of the purposes described in Section 34-3-100, title thereto shall revert to the state. The deed shall be so executed and delivered without the payment of any pecuniary consideration by the foundation, but upon the undertaking by the foundation to construct thereon a building or buildings suitable for the uses described in Section 34-3-100.
(Acts 1961, No. 670, p. 917, §7.)
To enable the foundation to construct a building or buildings suitable for the uses described in Section 34-3-100, the Board of Commissioners of the Alabama State Bar is authorized to disburse and pay to the foundation all or any part of the moneys appropriated to the Alabama State Bar for the construction and erection of buildings, such disbursements and payments to be made in the manner provided by Section 34-3-44. Any moneys so disbursed and paid to the foundation shall be expended by it for the purpose of paying the costs of constructing and erecting such a building or buildings in the manner provided by its board of trustees.
(Acts 1961, No. 670, p. 917, §8.)
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.
(Acts 1961, No. 670, p. 917, §9.)
This chapter shall be known and may be cited as the Auctioneers License Act.
(Acts 1973, No. 811, p. 1236, §1.)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section:
(1) AUCTIONEER. Any person who has graduated from an accredited auction school and has one year’s experience as an apprentice auctioneer or has two years’ experience as an apprentice auctioneer in bid calling, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving the same, by the means of or process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property or of any other commodity which may lawfully be kept or offered for sale by or at public auction.
(2) BOARD. The State Board of Auctioneers.
(3) APPRENTICE AUCTIONEER. Any person who for compensation or valuable consideration or otherwise is employed, directly or indirectly, by an auctioneer to deal or engage in any activity listed in subdivision (1) of this section.
(4) GOODS. Any chattels, goods, merchandise, real or personal property or commodities of any form or type which may lawfully be kept or offered for sale.
(5) PERSONS. Individuals, associations, partnerships, and corporations, and the word “persons” shall also include the officers, directors, and employees of a corporation.
(6) AUCTION BUSINESS or BUSINESS OF AUCTIONEERING. The performing of any of the acts of an auctioneer or apprentice auctioneer as defined in this section.
(Acts 1973, No. 811, p. 1236, §2.)
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.
(Acts 1973, No. 811, p. 1236, §4.)
The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement of this chapter.
(Acts 1973, No. 811, p. 1236, §7.)
No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or apprentice auctioneer without first alleging and proving that he or she was a duly licensed auctioneer or apprentice auctioneer at the time the alleged cause of action arose. No apprentice auctioneer shall have the right to institute an action in his or her own name for the recovery of a commission, fee, or compensation for services as an apprentice auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the apprentice auctioneer. Nothing contained herein shall be construed so as to prevent a licensed apprentice auctioneer from suing his or her employing auctioneer for any compensation, fees, or commissions due him or her from such auctioneer.
(Acts 1973, No. 811, p. 1236, §20.)
No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or to require the licensing in any manner of any auctioneer who has been licensed and bonded under this chapter in lieu of the license tax or license fee heretofore imposed by any political subdivision.
(Acts 1973, No. 811, p. 1236, §24; Act 98-271, p. 440, §1.)
(a) Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both.
(b) Any person, having previously been convicted for violating this chapter, who subsequently violates this chapter, shall, upon conviction for the subsequent violation, be guilty of a Class C felony, subject to a fine or imprisonment, or both.
(Acts 1973, No. 811, p. 1236, §22; Act 98-271, p. 440, §1.)
It shall be unlawful for any person, partnership, association, or corporation in any county of this state to act as an auctioneer or apprentice auctioneer, or directly or indirectly to engage or assume to engage in the auction business and act as either without first obtaining a license issued by the State Board of Auctioneers, under the provisions of this chapter.
It shall be unlawful for any person not licensed under the provisions of this chapter to advertise that he or she is in the auction business or to do anything to leave any impression upon the public that he or she is an auctioneer or is so engaged.
(Acts 1973, No. 811, p. 1236, §§3, 19.)
(a) Any person desiring to enter into the auction business and obtain a license as an auctioneer or apprentice auctioneer shall make written application for a license to the board. Each application shall be accompanied by an examination fee of an amount not to exceed one hundred fifty dollars ($150), as set by rule of the board, which shall be collected from each applicant to defray the expenses of the examination. The application shall be submitted on forms prepared and furnished by the board.
(b)(1) Each applicant for a license as an auctioneer shall be 19 years of age or over, and each applicant for a license as an apprentice auctioneer shall be 18 years of age or over. Each applicant for an auctioneer’s license shall have served one year as an apprentice auctioneer under the supervision of a licensed auctioneer in this state and have successfully completed a course of study consisting of not less than 85 hours of classroom instruction in the fundamentals of auctioneering that satisfies the requirements of the board.
(2) An application shall also be accompanied by a recommendation of an employing auctioneer. If an applicant has not successfully completed an approved course of study that satisfies the requirements of the board, in lieu thereof, he or she shall be required to serve two years as an apprentice under the supervision of a licensed auctioneer in this state.
(c)(1) Any person who files a complete application with the board in the proper manner shall be entitled to take an examination to determine his or her qualifications. The board may require applicants to take and pass an examination establishing, in a manner satisfactory to the board, that the applicant has a general knowledge of ethics, reading, writing, spelling, elementary arithmetic, and the laws of this state relating to auctions and this chapter. The examination for an auctioneer’s license shall be of a more exacting nature and scope than the examination for an apprentice auctioneer.
(2) The board, through application and examination, shall determine whether the applicant is of good repute, trustworthy, honest, and competent to transact the business of an auctioneer, or of an apprentice auctioneer, in a manner that safeguards the interest of the public.
(3) The board shall require, and it shall be the responsibility of any applicant for an initial, renewal, or reciprocal license to disclose any prior conviction, any pending criminal arrest of any nature except misdemeanor traffic violations, and any prior or pending disciplinary proceedings against the applicant before a board of auctioneers or real estate commission in this or any other state. If an applicant has been convicted of a crime in a court of competent jurisdiction of this or any other district, state, or territory of the United States or of a foreign country, the untrustworthiness of the applicant and the conviction, in itself, may be sufficient grounds for refusal of a license.
(4) All auctioneers, apprentice auctioneers, and auction companies are under a continuing duty to report to the board any and all criminal arrests, charges, convictions, or disciplinary proceedings which they may incur, as well as any civil suits involving them. The board shall receive notice of any arrest, charge, criminal conviction, or commencement of disciplinary proceedings within 30 days of its occurrence. Notice of the commencement of any civil suit shall be received by the board within 30 days after service of the complaint upon the defendant in the action.
(d) The board may grant a single auction license once per calendar year to any nonresident individual who is duly licensed in good standing as an auctioneer in another state, or to an auction company in another state, who makes written application to the board and provides satisfactory proof of all of the following:
(1) The applicant satisfies the age, reputation, and other qualifications to be licensed as an auctioneer.
(2) The applicant has paid a fee as established by rule of the board.
(3) The applicant has not applied for or previously obtained a license under this chapter.
(4) The applicant is not the subject of a disciplinary action in any state; has not had a professional license or business license for any company in which he or she is a principal in this, or any other licensing jurisdiction, disciplined, suspended, revoked, or denied; has not been convicted of a criminal offense; and has no criminal charges pending in any jurisdiction.
(5) The applicant has provided proof of financial responsibility in the form of either an irrevocable letter of credit or a cash bond or surety bond in the amount of ten thousand dollars ($10,000). If the applicant gives a surety bond, the bond shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the board and shall be conditioned on compliance by the applicant with this chapter and the rules adopted by the board. All bonds shall be in a form approved by the board.
(e) The license fee for each auctioneer or auction company shall be an amount to be determined by the board, not to exceed two hundred fifty dollars ($250), and the license fee for each apprentice auctioneer shall be an amount to be determined by the board, not to exceed one hundred fifty dollars ($150). The license fees shall not be increased more than twenty-five dollars ($25) in any given year.
(f) All licenses shall expire on September 30 of each year following issuance thereof and may be renewed upon payment of the appropriate license fee as required by this chapter. Renewal of a license may be effected at any time during the months preceding the date of expiration. No examination shall be required for the renewal of any license, unless the license has been revoked or suspended. If a licensee fails to renew his or her license by the deadline of each year, he or she may renew his or her license within 60 days after the expiration date, upon payment of the required fee and a late fee of twenty-five dollars ($25) for apprentices and fifty dollars ($50) for auctioneers and auction companies. If a licensee elects not to pay the penalty and renew his or her license, he or she shall be required to submit an application, pay the examination fee, and take the examination required for new licensees.
(g) The board, by rule, shall adopt a program of continuing education for its licensees. No licensee shall have his or her license renewed unless, in addition to any other requirements of this chapter, the minimum annual continuing education requirements are met. The continuing education program shall not include testing or examination of the licensees in any manner. Any licensee 65 years of age or older shall be exempt from the continuing education requirement.
(h) The board shall prepare and deliver to each licensee a license certificate and pocket card. The certificate shall be displayed openly at all times in the office of the licensee. The certificate and the pocket card of the apprentice auctioneer shall contain his or her name as well as that of the auctioneer under whose supervision he or she is employed.
(i) When any auctioneer discharges an apprentice, or terminates his or her employment with the auctioneer for any reason, the auctioneer shall deliver or mail by registered or certified mail to the board the license of the discharged apprentice auctioneer. It shall be unlawful for any apprentice auctioneer to perform any of the acts contemplated by this chapter, either directly or indirectly under authority of his or her license, until the apprentice auctioneer receives a new license bearing the name and address of his or her new employer. No more than one license shall be issued to any apprentice auctioneer for the same period of time.
(j) Written notice shall be given immediately to the board by each licensee of any change in his or her mailing address and the board shall issue a new license for the unexpired period. A change of mailing address without notification to the board shall automatically cancel the license previously issued. For changing a mailing address and issuance of a new license, the board shall collect a fee in an amount determined by rule of the board. Each prior license shall be returned or accounted for to the board and be canceled before the issuance of the new license. The board may require other proof considered desirable with due regard to the paramount interest of the public in the issuance of the license.
(k)(1) An auctioneer who is in good standing with the board may request inactive status by submitting to the board a written application, his or her current license certificate and pocket card, and a fee. The auctioneer shall certify on the application that he or she will not perform any business of auctioneering while on inactive status. An auctioneer who has a disciplinary or suspension hearing pending against him or her may only be granted inactive status upon approval of the board. Inactive status may be renewed annually upon written application and payment of a fee. The board, by rule, shall determine the amount of the initial application fee and the annual renewal fee.
(2) An auctioneer on inactive status may be restored to active status by submitting to the board a written application requesting reactivation and providing proof of satisfying all continuing education requirements for the most recent licensure period during which the license was inactive.
(l) Pursuant to Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act, the board may make and enforce any necessary and reasonable rules pursuant to the application for any license.
(m) The board, by rule, may establish and charge reasonable fees relating to the administration and enforcement of this chapter for application or other processing costs; online service; continuing education provider services; copy, mailing, and filing services; and other fees as necessary to offset licensing and processing costs.
(Acts 1973, No. 811, p. 1236, §11; Acts 1981, No. 81-378, p. 555, §4; Acts 1988, No. 88-138, p. 201, §3; Acts 1992, No. 92-119, p. 197, §3; Act 98-271, p. 440, §1; Act 2004-74, p. 94, §3; Act 2008-81, p. 103, §3; Act 2012-97, p. 168, §3; Act 2014-329, p. 1216, §1; Act 2021-438, §1.)
[Repealed]
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-438 EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1973, No. 811, p. 1236, §12.)
The issuance of a license by the board shall be evidence that the person or business entity named therein is entitled to all the rights and privileges of an auctioneer or apprentice auctioneer while the license remains unrevoked or unexpired.
(Acts 1973, No. 811, p. 1236, §16; Act 2021-438, §1.)
Each application for an auctioneer’s or apprentice auctioneer’s license shall be accompanied by a bond in the amount of $10,000. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the board and conditioned upon the applicant conducting his or her business in accordance with the provisions and intent of this chapter. The bond shall be in a form approved by the board. No license may be issued until such a bond has been filed with the board.
(Acts 1973, No. 811, p. 1236, §17; Acts 1981, No. 81-378, p. 555, §4.)
(a) An individual may become an auctioneer or apprentice auctioneer in this state by conforming to this chapter. If an auctioneer or apprentice auctioneer has a lawsuit or other legal action filed and pending against him or her in this or any other state, the board may not issue a license to him or her until final disposition of the action, and then only at the discretion of the board. The terms “auctioneer” and “apprentice auctioneer” shall include any individual, firm, company, partnership, association, or corporation by whom the “auctioneer” or “apprentice auctioneer” is employed.
(b) Every applicant shall file an irrevocable consent that actions may be commenced against the applicant in the proper court in the county in this state in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this state on the board, or a deputy to be designated by the board, the consent stipulating and agreeing that service of process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon the applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of the corporation. In case of any process or pleadings mentioned in this chapter being served upon the board or upon a deputy to be designated by the board, duplicated copies shall be made, one of which shall be filed in the office of the secretary of the board, and the other immediately forwarded by registered or certified mail to the main office of the applicant against which process or pleadings are directed. No default in the proceedings or action shall be taken unless it shall be made to appear by affidavit of a member of the board, or a deputy designated by the board, that a copy of the process or pleadings was mailed to the defendant as herein required. Judgment by default shall be taken in any action or proceedings within 20 days after the date of the mailing of process or pleadings to the defendant.
(Acts 1973, No. 811, p. 1236, §18; Acts 1981, No. 81-378, p. 555, §4; Act 2004-74, p. 94, §3; Act 2014-329, p. 1216, §1; Act 2021-438, §1.)
Each licensee must have a definite mailing address such as street name and number or RFD number. A post office box only will not be sufficient.
(Acts 1973, No. 811, p. 1236, §19.)
Each auctioneer shall annually pay one state license in an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually pay a county license fee of twenty-five dollars ($25) in each county where he or she sells by auction. No privilege license shall be required for any apprentice auctioneer when he or she is listed as the principal auctioneer. No license shall be required for any auctioneer who conducts an auction, without compensation for himself or herself, where all proceeds from the auction go to the benefit of any charitable organization. The term “auctioneer” shall include any person selling real estate, goods, wares, merchandise, automobiles, livestock, or other things of value by or at public auction. Sales at public auction involving any of the following may be conducted for compensation without a license:
(1) Sales at auction conducted by the owner of any part of the goods or real estate being offered, or an attorney representing the owner, unless the owner acquired the goods to resell.
(2) Sales for the estate of a decedent by an administrator, executor, or any person acting under order of any court or the attorney of an administrator, executor, or any person acting under order of any court.
(3) Sales of property conveyed by deed of trust, mortgage, judgment, or ordered to be sold according to the mortgage, judgment, order, or decree.
(4) All sales under legal process.
(Acts 1973, No. 811, p. 1236, §23; Act 98-271, p. 440, §1; Act 2021-438, §1.)
(a) Authority to transact business as an auctioneer under any license issued by the board shall be restricted to the person named in the license and may not inure to the benefit of any other person.
(b) Where an auctioneer’s license shall be issued to an auction company that is duly qualified and registered to conduct business in this state, authority to transact business thereunder shall be limited to one officer, member, copartner, or owner of the company, to be designated in the application and named in the license. Each other officer, member, copartner, or owner of the company desiring to act as an auctioneer in connection with the business of the company, or otherwise, shall be required to make application for and take out a separate license in his or her own name individually.
(c) No licensed auction company may hire an unlicensed auctioneer to conduct any auction business, nor shall any licensed auctioneer conduct an auction for an unlicensed auction company in this state.
(d) Every licensee authorized to transact business pursuant to this chapter shall do all of the following:
(1) Maintain a segregated escrow or trust account in a bank insured by the Federal Deposit Insurance Corporation, in which funds belonging to sellers or consignors received in the course of business transacted shall be kept separate from the funds of the licensee. All funds received from sales by an apprentice shall be maintained in the escrow or trust account of the sponsor.
(2) Enter into a written contract with the owner or consignor of any property to be offered for sale before the auction. All contracts shall clearly contain the terms and conditions upon which the licensee received the property for auction including, but not limited to, whether the auction will be conducted as absolute or with reserve, and the date the proceeds due the owner or consignor shall be remitted to the seller or consignor.
(3) Provide a copy to the seller or consignor of all written instruments prepared by the licensee at the time of execution. Consignment agreements shall contain the name and signature of the licensee responsible for the auction.
(4) Provide a closing statement to the seller or consignor giving a full accounting of all proceeds received and disbursements made relative to the auction. A closing statement shall contain the date and location of the auction and the name, license number, and signature of the licensee responsible for the auction. A closing statement shall be provided within 30 days after the auction. A properly prepared HUD-1 statement, or equivalent, satisfies the requirements of this section for the sale of real property.
(5) Display the name and license number of the auctioneer in all advertising for the auction. In the case of an apprentice auctioneer, all advertising shall also contain the name and license number of the sponsor. An auction company shall display the name and license number of the auctioneer named in the license in any and all advertisements.
(6) Ensure that all advertising is accurate and truthful.
(7) Maintain complete and accurate documents, books, and records of all transactions concerning every auction for a period of five years after the date on which the seller or consignor contracted with the auctioneer or the auction was conducted, whichever is later. The documents, books, and records shall be made available for inspection by the board, or its authorized personnel or representatives, upon request. Failure to produce the requested documents, books, records, or copies thereof within 30 days after request of the board shall be grounds for disciplinary action by the board.
(8) Assume responsibility, as the sponsoring auctioneer, for the acts of any apprentice in the conduct of auction business and be present at every auction to directly supervise the apprentice.
(Acts 1973, No. 811, p. 1236, §25; Act 2021-438, §1.)
(a) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person containing evidence, documentary or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer, apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing on the complaint.
(b) The board may invoke disciplinary action whenever it shall be established to the satisfaction of the board, after a hearing as hereinafter provided, that any licensee is guilty of any of the following acts:
(1) Making any substantial misrepresentation.
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents, advertising, or otherwise.
(3) Accepting valuable consideration as an apprentice auctioneer for the performance of any of the acts specified in this chapter from any person other than his or her employer auctioneer.
(4) Failing to account for or remit, within 30 days, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep funds of others in an escrow or trustee account.
(5) Paying valuable consideration to any person for services performed in violation of this chapter.
(6) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony.
(7) Violating any rule adopted by the board.
(8) Failing to furnish voluntarily at the time of execution copies of all written instruments prepared by the licensee.
(9) Demonstrating bad faith, dishonesty, incompetency, or untruthfulness.
(10) Demonstrating improper, fraudulent, or dishonest dealings.
(11) Having had any license to practice a business or profession in this or any other state or jurisdiction revoked, suspended, annulled, sanctioned, or otherwise having any disciplinary action taken against him or her by any other licensing authority in this or any other state.
(12) Failing before the sale at public auction, to enter into a written contract with the owner or cosignee of the property to be sold containing the terms and conditions upon which the licensee received the property for sale.
(13) Failing to display his or her name and state license number in all advertising for an auction the licensee is conducting.
(14) Presenting a worthless check to the board.
(15) Filing frivolous, unfounded complaints with the board.
(16) Knowingly making any misleading, false, or deceptive statement on any application for a license.
(17) Aiding or abetting an unlicensed person in the performance of acts that require a license under this chapter.
(18) Violating any other provision of this chapter.
(c) When the board finds any licensee guilty of any of the grounds set forth in subsection (b), the board may enter an order imposing one or more of the following penalties:
(1) A letter of reprimand.
(2) Probation for a period of time and subject to any condition prescribed by the board.
(3) Denial of an application for an initial or renewal license.
(4) Suspension of a license for a period of time established by the board, with or without automatic reinstatement.
(5) Revocation of a license.
(6) Imposing continuing education requirements in the area or areas in which the licensee has been found deficient.
(7) Assessment of the costs of any disciplinary proceedings on the licensee.
(d) Before denying an application for license or suspending or revoking any license, the board shall hold a hearing and, at least 21 days before the date set for the hearing, shall notify in writing the accused licensee of the charges made or the question to be determined, including notice of the time and place of the hearing, and afford the licensee an opportunity to be present, be heard in person or by counsel, and to offer evidence orally, or by affidavit or deposition. Written notice may be served by delivery of the notice personally to the applicant or licensee or by mailing the notice by registered or certified mail to the last known mailing address of the applicant or licensee. If the applicant or licensee is an apprentice auctioneer, the board shall also notify the auctioneer employing him or her, or whose employ he or she is about to enter, by mailing notice by registered or certified mail to the auctioneer’s last known address. The hearing shall be held at a time and place prescribed by the board and shall proceed in accordance with the Alabama Administrative Procedure Act. The board may deny any applicant for an apprentice auctioneer or auctioneer license the right to take an examination for a period of up to one year if the applicant is found by the board to have conducted auction business within this state as an apprentice auctioneer or auctioneer without first having been properly licensed.
(e) In addition to the disciplinary powers granted in this section, the board may levy and collect administrative fines from any person for violations of this chapter or the rules of the board of not less than two hundred dollars ($200) or more than one thousand five hundred dollars ($1,500) for each violation.
(f) The board may seek an injunction against any person in violation of this chapter in addition to the penalties and disciplinary powers otherwise conferred upon the board herein. In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs.
(g) Failure to comply with any final order of the board is cause for suspension or revocation of a license. The board may also suspend or revoke any license that has been issued based on false or fraudulent representations.
(Acts 1973, No. 811, p. 1236, §13; Acts 1992, No. 92-119, p. 197, §3; Act 2021-438, §1.)
(a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure of courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed.
(b) The affirmative vote of a majority of the members of the board shall be required before any disciplinary action may be taken against a licensee in accordance with this chapter.
(c) The board is declared to be a quasi judicial body, and the members or the employees of the board are granted immunity from civil liability and shall not be liable for damages therefrom when acting in the performance of their duties as described in this chapter.
(Acts 1973, No. 811, p. 1236, §14; Acts 1981, No. 81-378, p. 555, §4; Act 98-271, p. 440, §1; Act 2021-438, §1.)
Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any licensee engaging in the auction business, as herein described, shall file an action upon the claim against the licensee in any court of record in this state and shall recover judgment thereon, the court may as part of its judgment in the case, revoke the defendant’s license, which shall not be reissued to such licensee except upon unanimous vote of all members of the board in favor of the reissuance and only then after the lapse of a period of 90 days from the date of the revocation.
(Acts 1973, No. 811, p. 1236, §15; Act 2021-438, §1.)
The revocation of an auctioneer’s license shall automatically suspend every apprentice auctioneer’s license granted to any person by virtue of his or her employment by the auctioneer whose license has been revoked. The apprentice auctioneer may retain his or her license by transferring to the employment of another licensed auctioneer within 21 days.
(Acts 1973, No. 811, p. 1236, §21.)
(a) Findings of the board with regard to the denial, suspension, or revocation of a license or the imposition of any penalty or administrative fine shall be final unless within 30 days after the date of the final order of the board, the applicant or licensee files a notice of appeal with the board to the Circuit Court of Montgomery County. The person appealing the decision shall post a two hundred dollar ($200) cost bond with the board to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the board or the court on a showing of substantial hardship. The appeal shall be conducted in accordance with the Administrative Procedure Act, and with all the attendant rights and duties thereof.
(b) If the decision of the board is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the board is not affirmed, the court shall tax the costs of appeal against the board.
(Act 98-271, p. 440, §2; Act 2021-438, §1.)
(a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. All appointments shall be for a term of five years, with each auctioneer member appointed being a resident of a different congressional district and the consumer member being a resident of and appointed from the state at-large. Appointments shall end on the anniversary date of the original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. Each member of the board and his or her successor shall have been a resident of this state for at least five years prior to his or her appointment. Each auctioneer member of the board and his or her successor shall have been a licensed auctioneer in this state for at least five years. In the event a district has no qualified candidate for appointment, the appointment may come from the state at-large. Each member shall hold office until his or her successor is appointed by the Governor. The Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical area is reflective of the makeup of this state.
(b) Each auctioneer member of the board shall be of good moral character and shall have been licensed by the board and actively engaged in the auction business for at least five years prior to the appointment.
(c) On the appointment of a new auctioneer board member, the board, at its next meeting, shall elect one of its members as chair, one member as vice-chair, one member as secretary, and any other officers deemed necessary. The board may do all things necessary and convenient for carrying into effect this chapter. The board may adopt rules not inconsistent with this chapter or other general laws of the state.
(d) Except as otherwise provided in Section 34-4-53, members of the board, board staff, and board attorneys shall receive the same per diem and travel allowance paid to state employees for each day they meet to conduct the official business of the board.
(e) The board may employ an administrator who shall be exempt from the classified service of the state, and other staff members necessary to discharge board duties and administer this chapter. The administrator shall be employed on the basis of his or her education, experience, and skills in administration and management. The board shall determine the duties and fix the compensation of the administrator and other staff members, subject to the general laws of the state.
(f) The board shall provide by rule for the investigation of any auction activity that is being promoted, managed, or supervised by unlicensed individuals in violation of this chapter and may employ an investigator to assist the board in enforcement of the laws, rules, and policies adopted thereunder. The investigator shall be employed on the basis of his or her education, experience, and skills in law enforcement. The board shall determine the duties and fix the compensation of the investigator, subject to the general laws of the state.
(g) The board shall adopt a seal by which the board shall authenticate records and documents. On the seal shall be the words State Board of Auctioneers. Copies of all records and documents in the office of the board that are duly certified and authenticated by the seal of the board shall be received in evidence in all courts equally and with the same effect as the original. All public records kept in the office of the board shall be open to public inspection during reasonable hours.
(h) Each board member shall be accountable to the Governor for the proper performance of his or her duties as a member of the board. The Governor shall investigate any complaints or unfavorable reports concerning the actions of the board and take appropriate action thereon, including removal of any board member for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties. A board member may be removed at the request of the board for failing to attend four consecutive, properly noticed meetings.
(Acts 1973, No. 811, p. 1236, §6; Acts 1981, No. 81-378, p. 555, §4; Acts 1988, No. 88-138, p. 201, §3; Acts 1992, No. 92-119, p. 197, §3; Act 98-271, p. 440, §1; Act 2004-74, p. 94, §3; Act 2016-63, p. 86, §3; Act 2021-438, §1.)
Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of his or her office. The board, or any committee thereof, shall be entitled to the services of the state Attorney General, in connection with the affairs of the board, or may, on approval of the Attorney General, employ an attorney to assist or represent it in the enforcement of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of the state to enforce the provisions of this chapter and collect the penalties provided herein. Complaints shall be prosecuted in the name of the State Board of Auctioneers.
(Acts 1973, No. 811, p. 1236, §5.)
The board shall meet quarterly for the purpose of transacting business as may properly come before the board. Special meetings of the board shall be held at such times as the board may provide in the bylaws the board may adopt. A majority of the then appointed board members shall constitute a quorum at a board meeting. A majority vote of a quorum of the board eligible to vote on a matter shall be required for any action taken by the board. Due notice of each meeting and the time and place thereof shall be given each member in such manner as the bylaws and applicable law may provide.
(Acts 1973, No. 811, p. 1236, §8; Act 2004-74, p. 94, §3; Act 2021-438, §1.)
Members of the board shall each receive compensation in an amount of three hundred dollars ($300) per day and travel allowance as is paid to state employees for each day spent on work made necessary by this chapter.
(Acts 1973, No. 811, p. 1236, §9; Acts 1988, No. 88-138, p. 201, §3; Act 2004-74, p. 94, §3.)
The executive director of the board shall keep a record of the proceedings of the board. The board shall deposit all the funds received and credited by the board into the State Treasury into an account hereby established to be known as the “Alabama State Board of Auctioneers Fund.” All money derived under this chapter shall be deposited into the fund and used only to carry out the requirements of this chapter. No money shall be paid out of the fund except by warrant of the Comptroller upon the State Treasury after approval of itemized vouchers by the executive director of the board or an authorized designee.
(Acts 1973, No. 811, p. 1236, §10; Acts 1988, No. 88-138, p. 201, §3; Act 2014-329, p. 1215, §1.)
“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.
(Acts 1971, No. 403, p. 689, §1.)
No person shall engage in the practice of barbering without a certificate of registration as a registered barber, issued by the Board of Barber Examiners.
No person shall serve or attempt to serve as an apprentice under a registered barber without a certificate of registration as a registered apprentice, issued by the Board of Barber Examiners.
No person shall permit any person in his or her employ or under his or her supervision or control to practice as a barber or as an apprentice unless the latter person has a certificate of registration as a registered barber or apprentice, issued by the Board of Barber Examiners.
No person shall operate a barbershop unless it is at all times under the direct supervision and management of a registered barber who is engaged in barbering full time in the same shop.
No registered apprentice may independently practice barbering, but he or she may, as an apprentice, do any and all of the acts constituting the practice of barbering under the immediate personal supervision of a registered barber, who is engaged in barbering full time in the same shop.
Students in certified barber colleges may perform acts including the practice of barbering, but only as clinical training and only on persons who have consented thereto after they have been specifically advised in advance that the student is not a registered barber or apprentice, but only a student in training.
The examination of applicants for a license to practice a classified profession as designated under this chapter shall be conducted under the rules prescribed by the board and shall include both practical demonstrations, written and oral tests in reference to the practices for which a license is applied and such related studies or subjects for which a license is applied and such related studies or subjects as the board may determine necessary for the proper and efficient performance of such practices.
(Acts 1971, No. 403, p. 689, §2.)
Any person who can establish within six months after August 19, 1971, that he or she is a barber or an apprentice as defined under this chapter and can establish reasonable proof that he or she is practicing barbering in a barbershop under sanitary conditions will be given a certificate to practice barbering or an apprentice certificate without any examination upon paying the required fees as prescribed by this chapter. This section will not be construed to mean anyone except the barbers now practicing in the State of Alabama and instructors in barber colleges under the state vocational schools.
The following persons are specifically exempt from the provisions of this chapter while in the proper discharge of their professional duties:
(1) Persons authorized by law to practice medicine or surgery;
(2) Commissioned medical or surgical officers of the Armed Forces of the United States;
(3) Registered nurses; and
(4) Persons authorized by law to practice cosmetic therapy or beauty culture.
All instructors operating under the state vocational schools shall be exempt from qualifying fees. The instructors shall receive an instructor’s certificate by paying the annual renewal fee as this chapter prescribes. All future instructors will be subject to all provisions of this chapter relating to instructors or assistant instructors.
All state-operated barber colleges shall be exempt from fees.
(Acts 1971, No. 403, p. 689, §3.)
No person shall act as instructor or assistant instructor in a barber college and no barber college or owner or operator thereof shall hire or permit any person to act as an instructor or an assistant instructor at the barber college unless he or she has a current and valid certificate of registration as an instructor or assistant instructor, issued by the Board of Barber Examiners.
The board shall issue a certificate of registration as an instructor in a barber college to a person who complies with all of the following:
(1) He or she files an application with the board in such form as it may prescribe, accompanied by the required fee.
(2) He or she is of good moral character and temperate habits.
(3) He or she holds a diploma evidencing successful completion of high school, or has the equivalent education as determined by an examination conducted by the board and approved by the Vocational Educational Division of the Department of Education.
(4) He or she has held a valid certificate of registration as a barber in Alabama and has practiced barbering in Alabama for at least the last three years before issuance of the instructor’s certificate.
(5) He or she has graduated from a barber college in a course embracing all the theory and scientific manipulation taught in barber schools.
(6) He or she satisfactorily passes an examination conducted by the board to determine his or her fitness to be an instructor.
Assistant instructors must comply with each of the above requirements in order to obtain a certificate of registration as an assistant instructor; except, that they need have held a barber’s certificate and practiced barbering in Alabama for only 18 months prior to the issuance of the assistant instructor’s certificate of registration.
(Acts 1971, No. 403, p. 689, §4.)
(a) No person shall be admitted to examination or receive a license to practice barbering under this chapter, except as otherwise provided in this chapter, unless such person shall possess the following qualifications:
(1) He or she shall pay the original licensing fee as hereinafter provided for;
(2) He or she is at least 18 years of age;
(3) He or she is of good moral character and temperate habits;
(4) He or she has practiced as a registered apprentice in Alabama for not less than 18 months under the immediate supervision of a registered barber; and
(5) He or she passes satisfactorily an examination conducted by the board to determine his or her fitness to practice barbering. Any applicant for such a certificate of registration who fails to satisfactorily pass an examination conducted by the board shall have the right to apply again for another examination after a period of six months, and he or she may continue to apply every six months thereafter until he or she passed such examination; provided, that he or she has practiced as an apprentice during the time.
(b) No person shall be admitted to examination or receive a license as an apprentice under this chapter, except as otherwise provided for in this chapter, unless such person shall possess the following qualifications:
(1) He or she shall pay the original licensing fee as hereinafter provided for;
(2) He or she is at least 16 years of age;
(3) He or she is of good moral character and temperate habits;
(4) He or she has graduated from a barber college or school of barbering approved by the board; and
(5) He or she passes satisfactorily an examination conducted by the board to determine his or her fitness to practice as a registered apprentice.
(Acts 1971, No. 403, p. 689, §5.)
As used in this chapter, “barber college” includes a school of barbering, college of barbering, barber school, and any other place or institution for the instruction or training of persons in the practice of barbering.
No person shall operate a barber college unless he or she holds a certificate of registration in good standing therefor issued by the board and unless such certificate is displayed at all times in a conspicuous place on the premises.
The board shall issue a certificate of registration for each college which complies with this chapter and the regulations of the board.
An applicant for a certificate of registration to operate a barber college shall file an application with the board in such form as the board may prescribe, accompanied by the fee required by this chapter. Upon receipt of the application, the board shall require the applicant, if an individual or, if the applicant is a firm, partnership, or corporation, a partner or officer thereof, to appear personally before the board and submit information, in such form as the board may by regulation prescribe, showing:
(1) The location of the proposed college and its physical facilities and equipment;
(2) The proposed maximum number of students to be trained at one time and the number of instructors to be provided;
(3) The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership, or otherwise;
(4) The financial ability of the applicant to operate the college in accordance with the requirements of this chapter and the regulations of the board; and
(5) Such other information as the board considers necessary.
Prior to the issuance of the certificate, the board or its representative shall inspect the college and shall determine that it complies with this chapter and the regulations of the board. Before making such inspection, the board may require the applicant to furnish such evidence as is necessary to show compliance with any local laws governing the operation of barber colleges in the particular locality in which the college is to be located.
(Acts 1971, No. 403, p. 689, §6.)
For the purposes of this chapter and the regulations of the board, each separate location at which the practice of barbering or any part thereof is taught shall be considered to be a barber college, and a separate certificate shall be required for each. However, facilities at which the practice of barbering or any part thereof is taught which are operated or maintained by a college in the same central area as the main establishment of the college shall not be deemed for the purposes of this chapter to be a separate college. No such facility shall be operated or maintained by a college until and unless each has been inspected and approved by the board in the same manner as is required before a certificate to operate a college may be issued, the fee prescribed by this chapter paid, and a certificate to operate and maintain the particular facility is issued by the board.
In considering whether the establishment of a new barber college in a particular area will be detrimental to the public welfare, the board shall consider the need for barber college facilities or additional barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to:
(1) The economic character of the community.
(2) The adequacy of existing barbershops and barber colleges in that community.
(3) The ability of the community to support the proposed barber college.
(4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities.
(5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities.
(6) The expressed opinion of the registered barbers in the area of the proposed college, as evidenced in person or by written petition to the board.
No barber college shall be approved by the board unless it requires as a prerequisite to graduation a course or instruction of not less than 1,000 hours. The board shall approve all hours of instruction given by any of the state educational institutions and schools.
The course of instruction shall include the following subjects: Scientific fundamentals of barbering, hygiene and bacteriology; history of the head, face and neck; elementary chemistry as it relates to sterilization and asepsis; diseases of the skin and hair glands; and the massaging and manipulation of the muscles of the body above the seventh cervical vertebra; hair cutting and shaving; and the arranging, dressing, coloring, bleaching, and tinting of the hair.
(Acts 1971, No. 403, p. 689, §7.)
The board shall have the power to refuse, revoke, and suspend licenses and certificates strictly in accordance with the provisions of this chapter, upon proof of violation of any sections of this chapter. The members of the board shall have the power to administer oaths and shall have the power to require the attendance of witnesses and the production of books, records, and papers as it may desire at any hearing on any matter which the board has the authority to investigate, and for that purpose may require the secretary of the board to issue a subpoena duces tecum to compel the production of any books, records, or papers, directed to the sheriff of the county where such witness resides or may be found, which subpoenas and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The fees and mileage of the sheriff and witnesses shall be the same as allowed in the circuit court of this state. Such fees and mileage shall be paid from the fund of the board on deposit in the treasury for the use of the board in the same manner as other expenses of the board are paid. The board must subpoena all witnesses from whom subpoena is requested by the applicant, licensee, or holder of a certificate; provided, that such request shall be made in writing to the secretary of the board at least 10 days prior to the date set for the hearing. All fees and mileage of the sheriff and witnesses subpoenaed at the request of such applicant, licensee, or holder of a certificate shall be paid by the applicant, licensee, or holder of a certificate, and execution may issue therefor in civil cases in the circuit courts of this state.
The board may refuse to grant or may revoke or suspend any certificate or license issued in any case where the holder of or applicant for such license or certificate shall have been guilty of fraud or dishonest conduct in the taking of the examination herein provided for, or shall be guilty of grossly unprofessional or dishonest conduct, or shall be addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or professions set forth in this chapter, or who shall advertise by means of knowingly false or deceptive statements, or who shall fail to display the license or certificate issued to him as provided for in this chapter. The board shall not on any of the grounds in this section stated, refuse to issue or renew any license or certificate nor shall it revoke or suspend any such license or certificate already issued, except after a hearing, of which the applicant or licensee or the holder of the certificate affected shall be given at least 20 days’ notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration or, in case of a suspension or revocation, the offense or offenses of which the licensee or the holder of the certificate of registration is charged. Such notice may be served by mailing a copy thereof by registered or certified mail to the last known residence or business address of such applicant, licensee, or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe; provided, that such hearing must be held in the county in which such applicant, licensee, or holder of a certificate has his or her place of business.
Findings made by the board are deemed conclusive, unless within 30 days after notice of the decision of the board has been given an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit court of the county of his or her residence, or to the Circuit Court of Montgomery County. In the event of such appeal, the circuit court shall hear the same de novo. Such appeal shall be taken by the filing with the board and the clerk of the circuit court of a petition stating the aggrieved person’s desire to appeal the findings, and the petition shall specify whether the appeal is taken to the circuit court of the county of his or her residence or to the Circuit Court of Montgomery County. Such aggrieved person shall have a right to demand trial by jury by demanding same at the time of the filing with the board of the notice of appeal. The action of the board shall be stayed pending such appeal. The circuit court shall have the right to affirm, reverse, or affirm in part or reverse in part the finding of the board and shall render such final judgment as to the court may seem just and proper.
In the event the decision of the board is affirmed the cost of such appeal shall be taxed against the party taking such appeal. In the event the decision of the board is not affirmed in whole, the court shall in its discretion tax such cost of appeal against the board or against the person taking such appeal or partly against each; and the court in its discretion may award a reasonable attorney fee to the attorney for the party taking such appeal as part of such cost, in the event the decision of the board is not affirmed in whole.
(Acts 1971, No. 403, p. 689, §8.)
The holder of a certificate or license issued by the board as provided by this chapter who continues in active practice of the profession within the meaning of this chapter shall, on or before January 1, renew his or her certificate or license and pay the renewal fee. A certificate or license which has not been renewed prior to January 31 of that year shall expire on February 1 of that year. The holder of the expired certificate or license may have the certificate or license restored within three years of the date of expiration upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practice or profession. The restoration fee shall be the fee for the current year.
(Acts 1971, No. 403, p. 689, §9.)
The various fees to be paid by the applicants for original registration, original license, annual renewals, and examinations as required under this chapter shall be as follows:
(1) For an examination to determine the qualifications of an applicant, $10.
(2) For an examination to determine the qualifications of an applicant from another state, $25.
(3) For an examination to determine the qualifications of an applicant to receive a certificate of registration as an instructor or assistant instructor, $30.
(4) For the issuance of the initial certificate to operate a barber college, $300.
(5) For each annual renewal of a barber’s or apprentice’s certificate, $10; provided, that in cities and unincorporated towns of 2,000 or less according to the last federal decennial census, the fee shall be $5.
(6) For each annual renewal of an instructor’s or assistant instructor’s certificate, $20.
(7) For each annual renewal of a certificate to operate a barber college, $100.
(8) For the restoration of any expired certificate except for a barber college, $10.
(9) For the restoration of an expired certificate for a barber college, $50.
(10) For annual license for barbershop, no charge for a shop operated by one barber, $10 for shop operated by two barbers, and $5 additional fee for each additional barber or apprentice in such shop.
(11) For the issuance of any duplicate certificate, $1.
(Acts 1971, No. 403, p. 689, §11.)
Every holder of a certificate of registration shall display same in a conspicuous place adjacent to or near his or her work chair in his or her place of employment.
(Acts 1971, No. 403, p. 689, §12.)
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.
(Acts 1971, No. 403, p. 689, §13.)
There is hereby created the Alabama Board of Barber Examiners, to consist of five persons. Such board shall be appointed by the Governor of the State of Alabama, one person appointed for the term of one year, one person for a term of two years, one person for a term of three years, one person for a term of four years, and one person for a term of five years and until their successors are appointed and qualified.
Each member of the board shall be a practicing registered barber, who has followed the occupation of barbering for five continuous years in Alabama prior to his or her appointment.
The succeeding members of the board shall serve for five years. Vacancies caused by death, resignation, or otherwise shall be filled by the remaining members of the board. Members appointed to fill vacancies shall serve for the unexpired term of their predecessors. The board may do all things necessary and convenient for enforcing the provisions of this chapter. They may from time to time promulgate necessary rules and regulations compatible with the provisions of this chapter and the State Board of Health.
The members of the board shall annually elect from among their number a president, a vice-president, and appoint an executive secretary. The executive secretary need not be a member of the board. The board shall be empowered to employ adequate personnel to properly enforce the provisions of this chapter. The compensation of the personnel shall be paid out of the funds received by the board. All employees of the board shall serve at the pleasure of the board. The executive secretary and all employees that handle money before entering upon the discharge of their duties shall file with the Treasurer of the State of Alabama a good and sufficient bond in the penal sum of $10,000, payable to the State of Alabama, to insure the faithful performance of his or her duties as such executive secretary, and the premium on such bond shall be paid out of the funds of the board.
The executive secretary of the board shall be paid a salary as determined by the board to be paid semimonthly and shall be reimbursed on necessary travel expenses and other incidental expenses incurred in the discharge of his or her official duties, when properly vouchered and authorized by the board.
Each member of the board shall receive compensation fixed by the board, not to exceed $40 per diem while engaged in the discharge of his or her official duties and necessary expenses plus $.10 a mile for necessary travel involved in such official duties, not to exceed 30 days in any one calendar year.
The compensation and expenses as herein provided and other expenses authorized by this chapter shall be paid from the fund derived from the operation of this chapter.
The board shall meet in the City of Montgomery, Alabama, on the second Monday in January, April, July, and October of each year and at such other times and places as the board may direct. The majority of the members of the board shall constitute a quorum for the transaction of business. The board shall prescribe rules for its government and have a seal with which to authenticate its acts.
The board shall keep a permanent record of its proceedings. It shall keep a register of applications for certificates or licenses showing the name of the applicant, the name and location of his or her place of occupation or business, and whether the applicant was granted or refused a license. The books and records of the board shall be prima facie evidence of the matters therein contained, which constitute public records and shall at all reasonable times be open for public inspection.
The State Board of Barber Examiners shall work with, seek the advice of, and cooperate with the State Health Department on all matters of sanitation in regard to inspection of barbershops, barber schools, and barbers in the State of Alabama.
The State Board of Examiners shall work with, seek the advice of, and cooperate with the State Department of Education on matters of establishing the education of applicants for barber schools or applicants for apprentice license, or applicants for a certificate as a journeyman barber.
(Acts 1971, No. 403, p. 689, §14.)
[Repealed]
This chapter shall not repeal any provisions of the public health laws, the state sanitary code, or any local acts, or general acts of local application, or municipal ordinances, where the provisions thereof have standards, qualifications, and requirements for the practice of barbering, the operation of barbershops or barber colleges equal to or higher than those provided herein, and such laws, codes, acts, or ordinances shall remain in their entirety in full force and effect.
(Acts 1971, No. 403, p. 689, §15.)
The provisions of this chapter shall not apply to Clay, Talladega, Wilcox, Baldwin, Lowndes, Sumter, Lawrence, Marengo, Butler, Russell, or Jefferson Counties.
(Acts 1971, No. 403, p. 689, §18; Acts 1971, 3rd Ex. Sess., No. 186, p. 4448, §1; Acts 1971, 3rd Ex. Sess., No. 318, p. 4608, §1; Acts 1973, No. 219, p. 254, §1; Acts 1975, 3rd Ex. Sess., No. 207, p. 475, §1; Acts 1977, No. 363, p. 493, §1; Acts 1977, No. 404, p. 527, §1; Acts 1977, No. 650, p. 1100, §1; Acts 1978, 2nd Ex. Sess., No. 53, p. 1741, §1; Acts 1979, No. 79-632, p. 1114, §1.)
Any person, firm, or corporation who shall engage in any of the practices designated to be within the meaning of this chapter, or act in any capacity wherein a certificate or license is required without a certificate or license provided in this chapter, or shall in any other form or manner violate any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not to exceed $100 or shall be imprisoned for no more than 90 days or both and, if a corporation, shall be punished by a fine of no more than $500. After official notice of such violation, each day of operation or practice constitutes a separate violation.
(Acts 1971, No. 403, p. 689, §10.)
For the purposes of this chapter, the following terms have the following meanings:
(1) ADVISORY COUNCIL. The Alabama Behavior Analyst Advisory Council created by this chapter.
(2) APPLIED BEHAVIOR ANALYSIS DIRECT CONTACT TECHNICIAN. An individual who directly implements applied behavior analysis services.
(3) AUTISM. Autism Spectrum Disorder is a neurological and developmental disorder that affects how people interact with others, communicate, learn, and behave.
(4) CERTIFYING ENTITY. The nationally accredited Behavior Analyst Certification Board, Incorporated.
(5) DEPARTMENT. The Department of Mental Health.
(6) DRS. The Department of Rehabilitation Services.
(7) LICENSED ASSISTANT BEHAVIOR ANALYST. An individual who is certified by the certifying entity as a national board certified assistant behavior analyst and who satisfies the criteria identified in Section 34-5A-4.
(8) LICENSED BEHAVIOR ANALYST. An individual who is certified by the certifying entity as a national board certified behavior analyst and who satisfies the criteria identified in Section 34-5A-4.
(9) MENTAL HEALTH COMMISSIONER. The executive officer of the Department of Mental Health.
(10) PRACTICE OF BEHAVIOR ANALYSIS. The design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior.
a. The practice of behavior analysis includes all of the following:
The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis.
Interventions based on scientific research and the direct observation and measurement of behavior and environment, which utilize contextual factors, establishing operations, antecedent stimuli, positive reinforcement, and other consequences to help individuals develop new behaviors, increase or decrease existing behaviors, and elicit behaviors under specific environmental conditions.
b. The practice of behavior analysis does not include psychological testing, psychotherapy, cognitive therapy, sex therapy, psychoanalysis or hypnotherapy, or long-term counseling as treatment modalities.
c. The practice of behavior analysis does not include preventing or alleviating or curing of diseases or injuries.
d. Nothing in this chapter shall be construed as permitting or allowing a licensed behavior analyst to prescribe or administer any drug, make a medical diagnosis, provide medical treatment, or manage a medical condition. A licensed behavior analyst may not attempt to diagnose, prescribe for, treat, or advise a client with reference to any problem, complaint, or condition falling outside the boundaries of behavior analysis.
(Act 2014-163, p. 465, §1; Act 2026-144, §3.)
(a) The unlicensed practice of behavior analysis is prohibited in this state, unless exempted in subsection (c).
(b) No individual shall hold himself or herself out to be a licensed behavior analyst or licensed assistant behavior analyst unless he or she satisfies the applicable requirements of this chapter.
(c) This chapter may not be construed as prohibiting or restricting the practice of any of the following:
(1) An individual authorized to practice psychology within the state.
(2) An applied behavior analysis direct contact technician, or family member implementing a behavior analysis plan within the home or other environment in which the individual is located, who acts under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst.
(3) A behavior analyst who practices with nonhuman or nonpatient clients or consumers including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management.
(4) A licensed physician who is practicing medicine.
(5) A licensed professional authorized to practice in the state who is not a behavior analyst, so long as the licensed professional does not represent that he or she is a behavior analyst, and so long as the services of the licensed professional are within the scope of practice of the licensing law governing the licensed professional and the services performed are commensurate with the education, training, and experience of the licensed professional.
(6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum, provided that the practice under this exemption is directly supervised by a licensed behavior analyst in this state or an instructor in a course sequence approved by the certifying entity.
(7) An unlicensed individual pursuing experience in behavior analysis consistent with the experience requirements of the certifying entity, provided the experience is supervised by a licensed behavior analyst in this state.
(d) A violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000) or the suspension or revocation of a license issued pursuant to this chapter, or both fine and loss of licensing.
(Act 2014-163, p. 465, §2; Act 2026-144, §3.)
(a)(1) Commencing on February 26, 2026, the Alabama Behavior Analyst Licensing Board established within the Department of Mental Health is renamed the Alabama Behavior Analyst Advisory Council. The purpose of the advisory council is to advise the department on all matters pertaining to the protection of the health, safety, and welfare of the public relating to licensed behavior analysts, licensed assistant behavior analysts, and the practice of behavior analysis. All members serving on the Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue to serve as members of the Alabama Behavior Analyst Advisory Council until the expiration of their terms.
(2) Commencing on February 26, 2026, all rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Behavior Analyst Licensing Board, or in any other name by which that board has been known, shall transfer to the department. Any reference to the former Alabama Behavior Analyst Licensing Board, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Behavior Analyst Advisory Council as created in this chapter. All actions of the former Alabama Behavior Analyst Licensing Board or the executive director of the former board taken before February 26, 2026, are approved, ratified, and confirmed.
(3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue under the jurisdiction of the department.
(4) The department shall provide all of the following for the performance of the duties of the advisory council:
a. Financial services.
b. Legal services.
c. Dedicated office space within the office of the State Autism Coordinator.
d. An administrative assistant who is shared or dedicated to the advisory council and other personnel as necessary for the efficient operation of the advisory council.
e. Information technology services that shall include one or more dedicated phone lines, dedicated email addresses for advisory council members and staff, and website maintenance.
f. Necessary office furniture and supplies.
(b) The advisory council shall consist of seven members, including four licensed behavior analysts, one licensed psychologist in the state, one parent or legal guardian of an individual who has been or is being treated for a behavior disorder or an individual who has received services from a licensed behavior analyst, and one public member who shall be appointed by the Mental Health Commissioner. The Mental Health Commissioner shall coordinate his or her appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Each member of the advisory council shall serve a three-year term, with initial terms being staggered so that one member serves an initial term of one year, three members serve initial terms of two years, and three members serve initial terms of three years, as provided by the Mental Health Commissioner. The public member shall be an individual who is not and never was a member of any profession licensed or regulated under this chapter, or the spouse of the individual, and who does not have and never has had a material interest in the practice of behavior analysis.
(c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Mental Health Commissioner, upon recommendation of the advisory council.
(d) No member shall serve more than two successive three-year terms.
(e) A member shall serve until a successor is appointed and assumes office.
(f) Members shall be paid out of the funds of the department the same per diem as prescribed by law for state employees for each day of attendance of advisory council business.
(g) The advisory council shall meet at least quarterly and may meet at other times as necessary, at the call of the chair or by a majority of the members of the advisory council, to complete the business required. Members of the advisory council may participate in a regular meeting by means of telephone conference, video conference, or similar communications equipment pursuant to the Alabama Open Meetings Act, Chapter 25A of Title 36.
(h) The department shall adopt and revise rules pursuant to the Administrative Procedure Act as necessary for the department to implement this chapter. All administrative rules of the former Alabama Behavior Analyst Licensing Board existing on February 26, 2026, which reference this chapter, unless in conflict with existing law, shall remain in effect as rules of the Alabama Behavior Analyst Advisory Council until amended or repealed by the department.
(i) The department shall investigate all complaints relating to the practice of behavior analysis by any licensed behavior analyst, licensed assistant behavior analyst, or any individual alleged to be practicing or providing supervision without a state license.
(1) The department may fine, censure, revoke or deny a license, place on probation, reprimand, or otherwise discipline a licensee on any of the following grounds:
a. Conviction of a crime that the department, by rule, determines to be of a nature as to render the individual convicted unfit to practice as a behavior analyst.
b. Violation of the professional and ethical compliance code or the rules adopted pursuant to this chapter.
c. Fraud or misrepresentation in obtaining a license.
(2) The Mental Health Commissioner may summarily suspend the license of a licensee who the Mental Health Commissioner determines poses an imminent danger to the public. A hearing shall be held within 10 days after the suspension to determine whether the summary action was warranted.
(3) No license may be denied, suspended, or revoked or an individual otherwise disciplined without prior notice and opportunity for hearing, except that the Mental Health Commissioner, without prior notice of hearing, may take action against any individual convicted of a crime listed in paragraph (1)a. No license may be denied, suspended, or revoked or an individual otherwise disciplined by the Mental Health Commissioner pursuant to this section without a recommendation from the advisory council.
(4) Any person may file a complaint with the Mental Health Commissioner seeking the denial, suspension, or revocation of a license issued or pending issuance by the department, or seeking to otherwise discipline an individual for any violation of this chapter or rules adopted pursuant to this chapter. Complaints shall be in a form prescribed by the Mental Health Commissioner. If the Mental Health Commissioner determines that a complaint alleges facts that, if true, would require disciplinary action or denial, revocation, or suspension of a license, the Mental Health Commissioner shall promptly institute a hearing. If the advisory council determines that a complaint does not allege facts that warrant a hearing, the complaint may be dismissed by the Mental Health Commissioner. The Mental Health Commissioner, on his or her own motion, may institute a hearing for disciplinary action or for the denial, suspension, or revocation of a license.
(5) Any individual whose license has been suspended or revoked may apply to the Mental Health Commissioner for vacation of the suspension or reinstatement of his or her license.
(j) Upon finding that an individual governed by this chapter has practiced as a behavior analyst, advertised that he or she performs as a behavior analyst, or utilized a title or description denoting that he or she is a behavior analyst without first having obtained a license, the Mental Health Commissioner may do any of the following:
(1) Impose an administrative fine.
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.
(k) A majority of the membership of the advisory council shall constitute a quorum.
(l) The advisory council shall elect a chair from among its membership on an annual basis.
(m) Commencing on February 26, 2026, the name of the separate special revenue fund in the State Treasury known as the Alabama Behavior Analyst Licensing Board Fund shall be renamed and then known as the Alabama Behavior Analyst Advisory Council Fund. All receipts collected by the department pursuant to this chapter shall be deposited into this fund and used by the department to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.
(n) The department may collaborate and partner with the DRS to implement this chapter.
(Act 2014-163, p. 465, §3; Act 2016-400, p. 1064, §1; Act 2024-235, §3; Act 2026-144, §3.)
Each individual desiring to obtain a license shall submit an application and authorized fees to the Mental Health Commissioner. The application shall include evidence demonstrating that the applicant satisfies all of the following requirements:
(1) Is of good moral character and conducts his or her professional activities in accordance with accepted professional and ethical standards, including:
a. Compliance with the professional and ethical compliance code for behavior analysts of the certifying entity.
b. Completion of a criminal background check pursuant to rules adopted pursuant to this chapter. The cost of the criminal background check shall be paid by the applicant. An applicant shall submit to the Mental Health Commissioner two complete sets of fingerprints and a form, sworn to by the applicant, containing his or her name, date of birth, and Social Security number for completion of the criminal background check. The Mental Health Commissioner shall submit the fingerprints and form to the State Bureau of Investigations, or any entity contracted with for the purposes of furnishing criminal background checks, for a state criminal history record check. The Mental Health Commissioner shall keep information received pursuant to this section confidential, except that any information received and relied upon in denying the issuance of a license in this state may be disclosed if necessary to support the denial.
(2) In addition to satisfying the requirements of subdivision (1), a licensed behavior analyst applicant shall also maintain active status as a national board certified behavior analyst, as recognized by the certifying entity, following passage of the national board certified behavior analyst examination.
(3) In addition to satisfying the requirements of subdivision (1), a licensed assistant behavior analyst applicant shall also do all of the following:
a. Maintain active status as a national board certified assistant behavior analyst, as recognized by the certifying entity, following passage of the national board certified assistant behavior analyst examination.
b. Provide proof of ongoing supervision by a licensed behavior analyst who is a current national board certified behavior analyst in a manner consistent with the requirements of the certifying entity for supervision of national board certified assistant behavior analysts.
(Act 2014-163, p. 465, §4; Act 2016-400, §1; Act 2026-144, §3.)
A licensed or unlicensed national board certified behavior analyst or national board certified assistant behavior analyst residing and practicing in another state who temporarily provides behavior analysis services in this state or to a resident of this state, or both, may apply for a temporary license to practice behavior analysis in this state. A temporary license is available only if the behavior analysis services are to be delivered during a limited and defined period, as defined by rule.
(Act 2014-163, p. 465, §5; Act 2026-144, §3.)
The department shall issue a license to an individual who is actively licensed as a behavior analyst in another state that currently imposes comparable licensing requirements as those imposed in this state and that offers reciprocity to individuals licensed under this chapter. An applicant for reciprocity shall submit proof of ethical compliance, including proof of current licensing and current certification by the certifying entity, along with any other eligibility requirements, such as satisfactory passage of a criminal background check.
(Act 2014-163, p. 465, §6; Act 2016-400, §1; Act 2026-144, §3.)
(a) A license shall be granted for a period of two years and shall expire on December 31 in the second year. Before the expiration of a license, the license may be renewed upon submission of an application for renewal, including proof of continued certification by the certifying entity and payment of the renewal fee imposed by the department.
(b) All licenses issued pursuant to this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules adopted pursuant to this chapter and upon the payment of a renewal fee. The department may provide for a late renewal of a license upon payment of a late renewal fee if all conditions for renewal have been satisfied and upon payment of a late renewal fee. Any license which has not been renewed within two years following its expiration may not be renewed, restored, or reissued thereafter. The holder of an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.
(c) A suspended license is subject to expiration and may be renewed as provided in this section. Renewal of a suspended license does not entitle the applicant, while the license remains suspended and until it is reinstated, to engage in licensed activity or in other conduct or activity in violation of a license revoked on disciplinary grounds. Except as otherwise provided in this chapter, a licensed behavior analyst or licensed assistant behavior analyst who desires to return to the active practice of applied behavior analysis shall submit an application for reinstatement and shall pay the nonrefundable reinstatement fee and any late fee or penalty fees that may be applicable. The amount of the reinstatement fee and penalty shall be established by rule. The applicant shall meet the same requirements as are necessary for initial licensure.
(Act 2014-163, p. 465, §7; Act 2016-400, §1; Act 2026-144, §3.)
THIS SECTION WAS REPEALED BY ACT 2026-144, EFFECTIVE FEBRUARY 26, 2026.
(Act 2014-163, p. 465, §8; Act 2026-144, §4.)
As used in this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) BILLIARDS. Any of the several games played on a table surrounded by an elastic ledge of cushions, with balls which are impelled by a cue, including all forms of the game known as carom billiards, pocket billiards, formerly known as pool, and English billiards.
(2) BILLIARD ROOM. Any public place where the game of billiards is permitted to be played and for which a charge is made.
(Acts 1923, No. 230, p. 224, §1; Code 1923, §4255; Code 1940, T. 14, §237.)
The chief law enforcement officer of the State of Alabama shall regularly inspect all public billiard rooms in the state for the purpose of ascertaining whether or not the provisions of this chapter are being observed, and it is his or her duty to report all violations promptly to the district attorney for the county in which such rooms are located and to furnish him or her with such information and assistance as is necessary for the prosecution of violations of this chapter.
(Acts 1923, No. 230, p. 224, §5; Code 1923, §4260; Code 1940, T. 14, §242.)
The governing bodies of incorporated cities or towns where billiard rooms are operated may fix a license fee for the operation of such billiard rooms and may make such additional regulations governing the operation of such billiard rooms as they may deem proper, but no city or town shall have power to license or authorize the doing of any act or thing prohibited by this chapter.
(Acts 1923, No. 230, p. 224, §6; Code 1923, §4261; Code 1940, T. 14, §243.)
[Repealed]
Repealed by Act 2004-634, p. 1450, §1, effective August 1, 2004.
(Acts 1923, No. 230, p. 224, §7; Code 1923, §4262; Code 1940, T. 14, §244.)
All billiard rooms shall be kept at all times in a clean, healthful and sanitary condition and shall comply with all the ordinances now in force or which shall hereafter be enacted, regulating the same, and shall be subject to all sanitary rules and regulations of the health department.
(Acts 1923, No. 230, p. 224, §10; Code 1923, §4265; Code 1940, T. 14, §247.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1923, No. 230, p. 224, §11; Code 1923, §4266; Code 1940, T. 14, §248.)
It shall be unlawful for any billiard room to maintain, or permit to be maintained, any open or secret connections, through doors, windows or trapdoors, panels, stairways, or other devices within any place where gambling is conducted or where persons congregate for immoral purposes.
(Acts 1923, No. 230, p. 224, §12; Code 1923, §4267; Code 1940, T. 14, §249.)
Any person who keeps, operates, or exhibits a pool or billiard table on which the public can play, whether for pay or not, outside of an incorporated city or town having a police force shall, on conviction, be fined not less than $50 nor more than $100 for each table and may also be sentenced to hard labor for the county for not less than 30 days nor more than 50 days. This section shall not apply to clubs conducted by companies which provide welfare work for their employees; nor shall it apply to pool or billiard tables kept or operated at any military camp of the United States or within one fourth of a mile of such military camp, nor to pool or billiard tables kept and operated at any nitrate plant or on any land acquired and held by the United States.
(Acts 1919, No. 203, p. 196, §1; Code 1923, §4275; Code 1940, T. 14, §257.)
All laws to the contrary notwithstanding, any business establishment, which is located outside of the corporate limits of any town or municipality even though it may be located within the police jurisdiction of a town or municipality, is hereby authorized to install and commercially operate billiard tables on its premises so long as the person, firm, or corporation operating such tables has secured a license for such operation from the judge of probate of the county wherein such establishment is located as provided for in Article 2, of this chapter.
(Acts 1984, No. 84-255, p. 420, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1923, No. 230, p. 224, §8; Code 1923, §4263; Code 1940, T. 14, §245; Acts 1971, No. 53, p. 302, §1.)
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.
(Code 1876, §4213; Code 1886, §4063; Code 1896, §4803; Code 1907, §6992; Code 1923, §4276; Code 1940, T. 14, §258.)
Every licensed billiard room proprietor shall post in his or her room where the tables are operated a placard having Section 34-6-9 conspicuously written upon or printed thereon, in letters of not less than one fourth of an inch in height, for the information of his or her patrons.
(Acts 1923, No. 230, p. 224, §14; Code 1923, §4269; Code 1940, T. 14, §251.)
No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed in any billiard room, or in any room in which billiard tables are located, or in any cigar store or other business located in the same room; and no game prohibited by law shall be played on the premises, and it is expressly provided that the games as are now known as Kelly pool, keno, star pool, scrub, and similar gambling devices are expressly prohibited, and that no racing or other betting pool shall be exhibited, permitted, or sold in the place of business. However, no establishment operating under the extended hours and allowing the sale, service, or use of alcohol, under the provisions of this section, may have customers in the establishment who are not of legal drinking age. In counties having populations of not less than 56,500 nor more than 59,000, according to the 1970 or any subsequent federal decennial census, domino games shall be lawful in billiard rooms or other rooms in which billiard tables are located.
(Acts 1923, No. 230, p. 224, §9; Code 1923, §4264; Code 1940, T. 14, §246; Acts 1963, No. 390, p. 891, §1; Acts 1971, No. 1109, p. 1939, §2; Act 2004-634, p. 1450, §2.)
Any licensee under this article, who knows, or is interested in, or knowingly permits any gambling device mentioned in Section 34-6-12, now prohibited by law, in any billiard room, or who knowingly permits any billiard table to be used for gambling shall be guilty of a misdemeanor and, on conviction thereof, shall for a first offense be fined not less than $50 nor more than $500 or may be sentenced to hard labor for the county for not more than 12 months and, on a second conviction, shall be guilty of a felony and shall be fined not less than $100 and sentenced to the penitentiary for not less than one and not more than two years.
(Acts 1923, No. 230, p. 224, §17; Code 1923, §4272; Code 1940, T. 14, §254.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §81; Code 1867, §3623; Code 1876, §4210; Code 1886, §4058; Code 1896, §4798; Code 1907, §6988; Code 1923, §4274; Code 1940, T. 14, §256.)
The provisions of this chapter shall not be construed to include billiard tables or billiard rooms operated by industrial concerns for the exclusive use of their employees, Young Men’s Christian Association, religious orders, charitable institutions, state, county or city institutions, fraternal orders, or bona fide clubs using such tables for employees or members only.
(Acts 1923, No. 230, p. 224, §15; Code 1923, §4270; Code 1940, T. 14, §252.)
Every licensed billiard room keeper who shall violate any of the provisions of this chapter, except as herein provided, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $250 for the first conviction and, upon the second conviction, shall forfeit the full amount of the bond to the state, and thereafter no license shall be issued to such billiard room keeper.
(Acts 1923, No. 230, p. 224, §16; Code 1923, §4271; Code 1940, T. 14, §253.)
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.
(Acts 1923, No. 230, p. 224, §13; Code 1923, §4268; Code 1940, T. 14, §250.)
Authority is hereby vested in the various probate judges within the State of Alabama to license the operation of billiard rooms within the corporate limits of the cities and towns of their respective counties as hereinafter provided.
(Acts 1923, No. 230, p. 224, §2; Code 1923, §4256; Code 1940, T. 14, §238.)
No license shall be issued to any person to operate any billiard room to which the public has access for amusement and recreation who is not 19 years of age and a citizen of the United States or who has been convicted of a felony. Application for license to operate a billiard room shall be first made to the probate judge of the county in which the applicant proposes to conduct the business, in the form hereafter provided, and no license shall be issued by any city or town to any person to engage in such business until after such person has made application to and has been granted a license by the probate judge of the county in which such city or town is located. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths: that the applicant is a citizen of the United States, that he or she is of good moral character, that he or she has not been convicted of a felony, that he or she will not permit vagrants or any person under the influence of intoxicating liquors to frequent or play in his or her place of business, that the applicant will have sole personal charge and management of the business and that he or she will not permit public gambling in such place of business or permit the above described tables to be used in any manner other than as provided by law. There shall also be filed with such application a bond in the penal sum of $1,000, payable to the State of Alabama and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as sureties, which bond must be approved by the probate judge and filed in his or her office. When the application and bond have been filed and approved as aforesaid, the probate judge shall issue license for the current year, or unexpired portion thereof, upon the payment of the license fees provided by the general laws of the State of Alabama.
(Acts 1923, No. 230, p. 224, §3; Code 1923, §4257; Code 1940, T. 14, §239.)
If any licensee shall voluntarily relinquish personal supervision, management, and control of any billiard room, he or she shall surrender his or her license to the probate judge who may issue a new license to some other person, firm, or corporation to continue the business, under the provisions of this chapter, in which event credit shall be given for the unused portion of the surrendered license. But if any licensee shall relinquish management of the business as aforesaid without surrendering his or her license for reissue as hereinbefore provided, the license shall be deemed to be forfeited and the probate judge may order the sheriff of the county or the chief law enforcement officer of the State of Alabama to close the place of business.
(Acts 1923, No. 230, p. 224, §3; Code 1923, §4258; Code 1940, T. 14, §240.)
Before any person, firm, or corporation shall be authorized to conduct a billiard room in any city or town in the State of Alabama, it shall be necessary, in addition to complying with the foregoing provisions of this article, to make application to the city clerk of such city or town for a license, and the application shall certify that application has been made to and a license granted to such applicant by the probate judge of the county in which such city or town is located.
(Acts 1923, No. 230, p. 224, §4; Code 1923, §4259; Code 1940, T. 14, §241.)
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.
(Acts 1923, No. 230, p. 224, §18; Code 1923, §4273; Code 1940, T. 14, §255.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §2.)
[Repealed]
Repealed by Act 99-345 p. 478, §3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §1; Acts 1967, No. 577, p. 1331; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §9; Acts 1967, No. 577, p. 1331; Acts 1977, No. 668, p. 1131, §1; Acts 1977, No. 705, p. 1244; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §10; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §11; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §12; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4; Act 1997, No. 97-224, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §14; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §15.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §16; Acts 1967, No. 577, p. 1331; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §18.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §23; Acts 1967, No. 577, p. 1331; Acts 1977, No. 668, p. 1131, §1.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §24; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §25; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §27; Acts 1967, No. 577, p. 1331.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §28; Acts 1967, No. 577, p. 1331; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4; Acts 1992, No. 92-181, p. 338, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §20; Acts 1967, No. 577, p. 1331; Acts 1981, No. 81-762, p. 1288, §4; Acts 1992, No. 92-181, p. 338, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §26; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §30.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §4; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4; Acts 1988, No. 88-140, p. 209, §3; Acts 1997, No. 97-224, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999. 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §5; Acts 1997, No. 97-224, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999. 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §§6, 7; Acts 1967, No. 577, p. 1331; Acts 1977, No. 668, p. 1131, §1; Acts 1981, No. 81-762, p. 1288, §4.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999. 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §7; Acts 1967, No. 577, p. 1331; 1977, No. 668, p. 1131, §1.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §8.)
[Repealed]
Repealed by Acts 1997, No. 97-224, §4, effective April 17, 1997.
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §22; Acts 1981, No. 81-762, p. 1288, §4; Acts 1997, No. 97-224, §3.)
[Repealed]
Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
(Acts 1961, Ex. Sess., No. 78, p. 1955, §22.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3; Act 2008-138, p. 210, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3; Act 2004-104, p. 143, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3; Act 2004-104, p. 143, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3; Act 2006-158, p. 227, §3; Act 2013-164, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §3.)
[Repealed]
Repealed by Act 2013-371, §4, effective August 1, 2013.
(Act 99-345, p. 478, §2.)
AMENDED BY ACT 2026-527, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) APPRENTICE. Any person engaged in learning the practices defined in this article including, but not limited to, assisting in the performance of any acts of barbering or cosmetology on the general public under the constant and direct supervision of a person who has held a valid current license issued by the board for at least five years, in a shop licensed by the board.
(2) BARBERING. The occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or creams or other preparations made for that purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, dyeing the hair, or permanently waving or straightening the hair of any living or deceased person for compensation, as performed by a Class 2 barber.
(3) BOARD. The Alabama Board of Cosmetology and Barbering.
(4) CLASS 1 BARBER. A person who only does the following in his or her ordinary course of business: Arranges, cleans, cuts, or singes the hair of any person or massages, cleans, stimulates, exercises, or does similar work on the scalp, face, or neck of any person with the hands, or with mechanical or electrical apparatus or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. Any one or a combination of the following practices, when done upon the human 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.
(5) CLASS 2 BARBER. Any person, other than a student or apprentice, who performs barbering on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this chapter for a Class 2 barber. For the purposes of this chapter, the term barber, standing alone, shall be deemed a reference to a Class 2 barber.
(6) COSMETOLOGIST. Any person, other than a student or apprentice, who performs cosmetology on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a cosmetologist.
(7) COSMETOLOGY. Any of the practices generally recognized as beauty culture, hairdressing, or any other designation engaged in by any person who performs such on the general public for compensation including, but not limited to, cleansing, singeing, cutting, arranging, dressing, curling, braiding, waxing, bleaching, weaving, coloring the hair by hand or mechanical apparatus, the use of creams, lotions, or cosmetic preparations, with or without massage, on the scalp, face, arms, legs, feet, or hands, esthetics practices, nail technology, manicure, pedicure, or desairology.
(8) ESTHETICIAN. Any person, other than a student or apprentice, who performs esthetics on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for an esthetician.
(9) ESTHETICS. The practice of performing acts of skin care including, but not limited to, facials, body waxing, makeup, and general esthetics procedures on the general public for compensation.
(10) ESTHETICS/MANICURE. A combination of the practices of esthetics and manicure.
(11) ESTHETICIAN/MANICURIST. Any person, other than a student or apprentice, who performs a combination of the practices of esthetics and manicure on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for an esthetician/manicurist.
(12) INSTRUCTOR. A licensee who teaches in a licensed or registered school of barbering or any branch of cosmetology and completes any applicable requirements for continuing education.
(13) LICENSE. A document issued by the board which entitles the holder to practice the profession listed on the document.
(14) LICENSEE. Any person holding a license issued pursuant to this article.
(15) MANICURE. The practice of beautifying or grooming the fingernails, toenails, adding nail tips, extensions, gels, or massaging the hands, forearms, feet, or lower legs of the general public for compensation.
(16) MANICURIST. Any person, other than a student or apprentice, who performs the practice of manicure on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a manicurist.
(17) MANICURE/WAXING. A combination of the practices of manicure and waxing.
(18) MANICURIST/WAXER. Any person, other than a student or apprentice, who performs a combination of the practices of manicure and waxing on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a manicurist/waxer.
(19) NATURAL HAIR STYLING. The practice of cleansing, weaving or interweaving, extending, locking, braiding, or arranging the hair without cutting, coloring, permanent waving, relaxing, removing, or chemical treatments.
(20) NATURAL HAIRSTYLIST. Any person, other than a student, who performs natural hair styling on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a natural hairstylist.
(21) SCHOOL. An establishment licensed or registered by the board to teach any or all of the practices of barbering or cosmetology.
(22) SHAMPOO ASSISTANT. Any person who is licensed to perform only the practices of shampooing, cleansing, or applying temporary weekly color rinses to the hair of the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a shampoo assistant.
(23) SHOP. Any place where barbering or cosmetology is practiced including, but not limited to, a mobile salon. Only a properly licensed person, who is not an apprentice or a student, may operate a shop.
(24) STUDENT. Any person who is engaged in learning any practice regulated by this article in a school licensed or registered pursuant to this article, and who, as part of the learning process, performs or assists in any practice regulated by this article under the immediate supervision of an instructor who is licensed pursuant to this article.
(25) THREADING. The practice of eyebrow removal with the use of a loop made of cotton or any other material.
(26) THREADER. Any person engaged in the practice of threading on the general public for compensation, and who shall satisfy the qualifications and licensure requirements provided in this article for a threader.
(Act 2013-371, p. 1330, §2; Act 2015-406, p. 1209, §1; Act 2017-300, §1; Act 2021-406, §1.)
(a) There is created the Alabama Board of Cosmetology and Barbering which shall consist of seven persons appointed by the Governor. The membership of the board shall include all of the following:
(1) Two active cosmetologists, who have been licensed by the board as cosmetologists for at least five years before appointment.
(2) Two actively practicing Class 2 barbers, who have been practicing in the state for at least five years before appointment. Except for the initial members appointed to the board, Class 2 barber members of the board shall be licensed by the board before appointment.
(3) One active esthetician who has been licensed by the board as an esthetician for at least five years before appointment.
(4) One active manicurist who has been licensed by the board as a manicurist for at least five years before appointment.
(5) One consumer.
(b) One member shall be appointed from each congressional district, as those districts are constituted on August 1, 2013, and shall reside in the district he or she represents during the entire term of office.
(c) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(d) All appointments shall be for a term of four years. No person shall serve for more than two terms on the newly constituted board. Except as an instructor, no member of the board may be affiliated with or own a school regulated by this chapter or any business which sells, rents, or distributes supplies to shops or schools. Any board member may be removed by the Governor for just cause.
(e) The terms of all board members serving on August 1, 2013, shall continue until expiration pursuant to original appointment. To facilitate the intent of this chapter, members whose terms expire by October 30, 2013, shall continue to serve until a successor is appointed pursuant to this chapter. As terms expire, successor board members shall be appointed by the Governor pursuant to subsection (a).
(f) Members of the board shall annually elect from among their members a chair, a vice chair, a secretary, and a treasurer. The offices of secretary and treasurer may be combined.
(g) Each member of the board shall be paid one hundred dollars ($100) per day for the transaction of board business, not exceeding 36 days during any calendar year, and shall be paid the same mileage and per diem rate as state employees.
(Act 2013-371, p. 1330, §2.)
Any vacancy on the board shall be filled by the Governor for the unexpired term.
(Act 2013-371, p. 1330, §2.)
(a) Before commencing their duties, each board member shall take an oath of office, the original copy of which shall be kept by the Secretary of State, and file a good and sufficient bond, in the penal amount of five thousand dollars ($5,000) payable to the state, to insure the faithful performance of his or her duties. The premium for the bond shall be paid out of the funds of the board.
(b) The board may do all things and take all legal action necessary, appropriate, and convenient for enforcing this chapter. The board shall adopt and promulgate rules compatible with this chapter pursuant to the Administrative Procedure Act, Chapter 22 of Title 41. Any amendment to this chapter or the rules of the board shall be compiled, published, and distributed to licensees. Distributed copies shall be retained in each shop or school licensed by the board and shall be available for inspection by the general public, shop personnel, school personnel, and board personnel during normal operating hours.
(c) The board shall meet at such times and places as a majority of members agree by a properly adopted resolution, and shall set rules for its governance. The board shall adopt an official seal for authentication of board transactions. A majority of the members of the board shall constitute a quorum for conducting business.
(d) The board shall keep a permanent record of its proceedings and minutes which shall be public information. All board records and books shall be prima facie evidence of the contents and shall be available for public inspection at all reasonable times.
(Act 2013-371, p. 1330, §2.)
(a) The executive director of the board shall be appointed by the Governor in the unclassified service of the state Merit System. The executive director shall serve at the pleasure of the Governor and shall perform administrative duties of the board.
(b) The executive director shall hire all necessary employees of the board subject to the state Merit System. Job descriptions and compensation shall be established for each employee consistent with guidelines of the State Personnel Board.
(Act 2013-371, p. 1330, §2.)
(a) There is established a special fund in the State Treasury to be known as the Board of Cosmetology and Barbering Fund. The fund shall consist of all monies received by the board pursuant to this chapter. Monies in the fund shall be disbursed only upon warrant of the Comptroller upon itemized vouchers signed by the treasurer of the board or an authorized designee. Any money remaining in the fund at the end of each fiscal year shall remain on deposit in the fund for the use of the board.
(b) All funds and fees of any nature received by the board shall be paid to the fund or a designated party on behalf of the board.
(Act 2013-371, p. 1330, §2.)
(a) Any person who desires to engage in any of the practices regulated by the board pursuant to this chapter 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, and shall file with the board a written application for examination or licensure. Before a person may engage in the practices regulated by this chapter, the person shall be licensed by the board pursuant to this chapter. Any person who practices, maintains a school or shop, or acts in any capacity without a license when one is required pursuant to this chapter, or who otherwise violates this chapter, shall be guilty of a misdemeanor and fined five hundred dollars ($500) or imprisoned for not more than 30 days, or both. Any corporation which violates this chapter shall be punished by a fine of not more than one thousand dollars ($1,000).
(b) Licenses and permits issued by the board under the seal of the board and signed by an authorized representative of the board entitle the holder to legally practice the stated profession.
(c)(1) To receive a personal license, an applicant shall satisfy any of the following requirements:
a. All legal requirements, completion of the required hours as a student or apprentice, submission of the appropriate examination fees, successful completion of the appropriate examination, and submission of any applicable license fees.
b. Be currently licensed in good standing in another state or jurisdiction, with documentation of having passed a board-approved examination, and submission of any applicable license fees.
c. Be currently licensed in good standing in another state or jurisdiction, with documentation of having practiced as a licensee for at least five years before application to the board, and submission of any applicable license fees.
d. Be otherwise qualified, submit any applicable examination fees, successfully complete any appropriate examinations, and submit any applicable license fees.
(2)a. An application for examination or reexamination shall include the payment of a nonrefundable fee.
b. Examination of an applicant for licensure shall be conducted pursuant to a procedure sanctioned by the board consistent with the prescribed curriculum for schools.
c. An applicant who fails the prescribed examination shall be entitled to two additional attempts.
d. An applicant who fails the prescribed examination on a third attempt shall complete additional hours of school training as the board may direct before being allowed to repeat the examination.
(3) Personal licenses for any practice except Class 2 barbering as regulated by the board shall expire on the last day of the birth month of the licensee in odd-numbered years. An application for renewal that is postmarked later than the license expiration date shall subject the licensee to a late fee.
(4) Personal licenses for Class 2 barbers shall expire on the last day of the birth month of the licensee in even-numbered years. An application for renewal that is postmarked later than the license expiration date shall subject the licensee to a late fee.
(5) Active personal licenses shall be displayed in a conspicuous place near the work station of the licensee.
(d)(1) To receive a business license, an applicant shall satisfy all legal requirements and submit any applicable license fees.
(2) All business licenses regulated by the board shall expire on the last day of September in odd-numbered years. An application for renewal that is postmarked later than October 31 in the year of expiration shall subject the licensee to a late fee.
(3) On or before December 31, 2013, the initial fee for a Class 2 barber business license shall be one hundred fifty dollars ($150) for a shop and three hundred dollars ($300) for a school. Renewal fees shall be the same fee as the board provides for other business licenses under this chapter.
(4) A business license shall be displayed in a conspicuous place near the main entrance of the business.
(5) The initial fee for a personal Class 2 barber license shall be the same fee as is provided for other original licenses under this chapter. The renewal fee shall be the same as is provided for other licenses under this chapter.
(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)
(a) The board shall establish a fee schedule including, but not limited to, all of the following:
(1) Original issuance and renewal fees for any personal license issued and regulated by the board.
(2) Original issuance and renewal fees for any business license issued by the board.
(3) Original issuance and renewal fees for any applicant seeking licensure by reciprocity.
(4) Fees for reinstating an expired personal license.
(5) Penalty fees for late renewal of any license.
(6) Fees for examination and reexamination.
(7) Fees for insufficient fund checks, consistent with state law.
(8) Fees for inactive licenses if the board elects to allow for inactive licenses by administrative rules.
(b) Fees for examination or reexamination of applicants for licensure may be collected by the vendor of examinations.
(Act 2013-371, p. 1330, §2.)
(a) A personal licensee shall notify the board immediately of any name or address change and the board shall retain that information on file for renewal purposes.
(b) Each business licensee shall notify the board immediately of any name or address change and the board shall retain that information on file for renewal purposes.
(c) If the business license pertains to a school, the licensee shall provide a floor plan and evidence of insurance for the new location to the board and the board shall inspect the new location for compliance with board rules before the school begins or resumes operation at the new location.
(Act 2013-371, p. 1330, §2.)
(a) The board may suspend or revoke a license or permit based on the provisions of this chapter or board rules, subject to due process of law as described in the Alabama Administrative Procedure Act. The board shall furnish all applicants who are denied licensure a reason for the denial.
(b)(1) The board, for any of the following reasons, may revoke or suspend the license or permit of any applicant, licensee, or holder who:
a. Is found guilty of fraud or dishonest conduct in taking an examination.
b. Has been convicted of a felony or gross immorality, or is guilty of grossly unprofessional or dishonest conduct.
c. Is addicted to the excessive use of intoxicating liquor or to the use of drugs to an extent that he or she is rendered unfit to practice any profession regulated by the board.
d. Advertises by means of knowingly false or deceptive statements.
e. Has practiced fraud or deceit in obtaining or attempting to renew a license or permit.
f. Has permitted his or her license or permit to be used by another person.
g. Has committed an offense in another jurisdiction resulting in revocation, suspension, or voluntary surrender of a license or permit to avoid disciplinary proceedings related to his or her license or permit. This paragraph includes an agreement or stipulation executed by a licensee to avoid formal disciplinary proceedings.
(2) The board may deny the sale or transfer of a school or shop if the owner or operator is the subject of outstanding violations of this chapter or the rules of the board, or both.
(3) The board may not revoke or suspend any license or permit without a hearing. The affected applicant or licensee or holder of a permit shall be given at least 20 days’ notice in writing of the hearing, specifying the reasons for the action by the board and any offense charged. Notice may be served by registered or certified mail to the last known residence or business address of the applicant or licensee or holder of a permit. The hearing shall be held in Montgomery County at a time and place prescribed by the board. Attorney fees, Administrative Law Judge fees, and professional recording fees necessary for hearings shall be borne by defendants who are judged guilty.
(c) In addition to any disciplinary powers authorized by this section, the board may levy and collect an administrative fine of not more than seven hundred fifty dollars ($750) per violation for serious violations of this chapter or the rules or regulations of the board.
(Act 2013-371, p. 1330, §2.)
(a) Any finding or order of the board, obtained pursuant to an inquiry or hearing conducted either by the board or a hearing officer on behalf of the board shall be deemed the finding or order of the board when approved and confirmed by a majority of the members of the board.
(b) Any provision of law to the contrary notwithstanding, a person who has exhausted all administrative remedies available through the board, other than a rehearing, and who has been aggrieved by a final decision in a contested case, may appeal pursuant to Section 41-22-20. A decision by the board to revoke or suspend a license or permit, or to otherwise restrict or discipline a licensee, shall be subject to provisions regarding stays as provided in subsection (c) of Section 41-22-20. All appeals shall be filed in the Circuit Court of Montgomery County.
(Act 2013-371, p. 1330, §2.)
This chapter may not be construed to affect or regulate the teaching of cosmetology or any of its practices in any public school.
(Act 2013-371, p. 1330, §2.)
AMENDED BY ACT 2026-527, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
This chapter does not apply to any of the following persons, activities, or services:
(1) Service in the case of emergency or domestic upheaval, without compensation.
(2) Licensed medical professionals operating within the scope of their normal practice.
(3) Personnel of the United States armed services performing their ordinary duties.
(4) Any public trade school or other public school or school program under the purview of the State Board of Education or a local board of education.
(5) Any person who only occasionally dresses hair and receives no compensation therefor, or does any other act or thing mentioned in this chapter, without holding himself or herself out to the public as a provider of any practices defined in this chapter for compensation.
(6) Departments in retail establishments where cosmetics are demonstrated and offered for sale but where no other acts of cosmetology or barbering are performed.
(7) The licensees of any county or municipal barber board or commission in existence on August 1, 2013, unless such board or commission elects, by resolution adopted by the governing body of the county or municipality, to come under the provisions of this chapter.
(8) Any person who practices as a Class 1 barber.
(Act 2013-371, p. 1330, §2; ; Act 2014-168, p. 483, §1; Act 2015-406, §1.)
(a) No license issued by the board shall be valid for more than two years.
(b) An expired license may be reinstated within four years after the date of expiration by paying renewal fees for the lapsed period, a current renewal fee, and a late fee.
(c) A license which has been expired for more than four years may be reinstated by furnishing proof of prior licensure, paying the appropriate examination fee, passing the appropriate examination, and paying renewal fees of not more than three hundred dollars ($300), the current renewal fee, and a late fee.
(d) The record of any licensee, student, apprentice, or examination candidate who does not renew within four years or which does not indicate any activity for four years may be purged by the board.
(Act 2013-371, p. 1330, §2.)
(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.
(Act 2013-371, p. 1330, §2.)
(a) No person may be registered as an apprentice in a shop unless he or she satisfies all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.
(3) Has paid the applicable registration fee.
(b) Before an apprentice begins work under this chapter, the sponsor, on behalf of a potential apprentice, shall request and obtain an apprenticeship work permit from the board.
(c) An apprentice may train in a licensed shop under a current licensee who has been licensed for at least five years in the appropriate field.
(d) Within 120 days after an apprentice completes the required hours and training, the sponsor shall certify a record of completion for the apprentice to the board.
(e) A sponsor who fails to certify apprentice 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 an apprentice does not receive his or her license within two years after certification of completion of training, the board may require the apprentice to complete additional hours of training before applying or reapplying for licensure.
(g) No person who holds a current license in another state shall be issued an apprentice permit for the same type of license.
(Act 2013-371, p. 1330, §2.)
(a) No person may be admitted to an examination or licensed as a Class 2 barber unless he or she possesses all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.
(3) Has successfully completed at least 1,000 clock hours in a licensed or registered school of barbering or 2,000 clock hours under the immediate supervision of a licensed Class 2 barber, who has held a license for at least five years, including time practicing as a barber before August 1, 2013, and as a licensed barber under this chapter before June 10, 2015.
(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the applicable examination, and pays the license fee shall be issued a Class 2 barber license.
(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)
(a) No person may be admitted to an examination or licensed as a cosmetologist unless he or she possesses all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.
(3) a. Has successfully completed at least 1,500 clock hours in a licensed or registered school of cosmetology or on courses reported in credit hours. Credit hour programs must be reviewed by and approved by the board as satisfying licensure requirements.
b. In lieu of the requirements in paragraph a., has completed 3,000 hours under the immediate supervision of a cosmetologist continuously licensed under the provisions of this chapter, for at least five years before applying for an apprentice, over a period of three years.
(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the applicable examination, and pays the license fee shall be issued a cosmetologist license.
(Act 2013-371, p. 1330, §2.)
(a) No person may be admitted to an examination or licensed as an esthetician unless he or she possesses all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.
(3) Has successfully completed at least 1,000 clock hours of skin care instruction in a licensed or registered school of esthetics or school of cosmetology or on courses reported in credit hours or 2,000 hours under the immediate supervision of an esthetician continuously licensed under the provisions of this chapter, for at least five years before applying for an apprentice, over a period of three years. Credit hour programs must be reviewed and approved by the board as satisfying licensure requirements.
(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes any applicable examination, and pays the license fee shall be issued an esthetician license.
(Act 2013-371, p. 1330, §2.)
(a) No person may be admitted to an examination or licensed as a natural hair stylist unless he or she satisfies all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.
(3) Has successfully completed at least 210 clock hours in a licensed or registered school of cosmetology or natural hair styling or 420 clock hours in a licensed shop for a period of six months under the immediate supervision of a licensed cosmetologist or natural hair stylist, who has held a license for at least five years, including practicing as a natural hair stylist before August 1, 2013, and as a licensed cosmetologist or a natural hair stylist before August 1, 2017. The five-year requirement shall not apply to natural hair stylists operating before August 1, 2013.
(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes any examination, and pays the license fee shall be issued a natural hair stylist license.
(c) Any person who is working as a natural hair stylist on August 1, 2013, upon payment of the applicable license fee by January 28, 2014, shall be licensed by the board under this section. Any person licensed pursuant to this section shall be subject to this chapter and rules adopted by the board pursuant to this chapter including, but not limited to, shop requirements, sanitation procedures, and license renewal.
(Act 2013-371, p. 1330, §2; Act 2017-300, §1.)
(a) No person may be admitted to an examination or licensed as a manicurist unless he or she satisfies all of the following qualifications:
(1) Is at least 16 years old.
(2) Has successfully completed at least 10 grades in secondary school or the equivalent.
(3) a. Has successfully completed at least 750 clock hours of manicure instruction in a school licensed or registered under the provisions of this chapter or on courses reported in credit hours. Credit hour programs must be reviewed and approved by the board as satisfying licensure requirements.
b. In lieu of the requirements in paragraph a., has completed 1,200 hours under the immediate supervision of a manicurist continuously licensed under the provisions of this chapter for at least five years before applying for an apprentice, over a period of two years not exceeding eight hours a day or 48 hours a week.
(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes any applicable examination, and pays the license fee shall be issued a manicurist license.
(Act 2013-371, p. 1330, §2.)
(a) No person may be admitted to an examination or licensed as an esthetician/manicurist unless he or she holds a license as an esthetician and has successfully completed at least 650 hours in nail technology in a school licensed or registered under this chapter.
(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes the examination, and pays the license fee shall be issued an esthetician/manicurist license.
(Act 2013-371, p. 1330, §2.)
(a) No person may be admitted to an examination or licensed as a manicurist/waxer unless he or she holds a license as a manicurist and has successfully completed at least 160 hours in waxing 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 examination, and pays any license fee shall be issued a manicurist/waxer license.
(Act 2013-371, p. 1330, §2.)
(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.
(Act 2013-371, p. 1330, §2.)
Threaders shall register with the board and pay an original license fee by January 28, 2014. Any person licensed pursuant to this section shall be subject to this chapter and rules adopted by the board, including, but not limited to, shop requirements, sanitation procedures, and license renewal.
(Act 2013-371, p. 1330, §2.)
(a) Before being licensed by the board to operate a school, an applicant shall satisfy all of the requirements of this section.
(1) An applicant shall submit to the board all of the following:
a. A bond, in the amount of fifty thousand dollars ($50,000) to protect potential students in the event of closure.
b. Proof of sufficient liability insurance coverage.
c. A current financial statement prepared by a reputable source and, if required by the board, a letter of credit.
d. A list of equipment owned by the school.
e. A sample of student contract agreements and financial forms relating to tuition, grants, and scholarships.
f. Furnish affidavits from an adequate number of prospective students as approved by the board stating their intent to enroll when the school opens.
(2) The applicant, owner, proposed dean, or proper corporate executive may be required to appear before the board.
(3) The applicant shall satisfy the board that the building proposed to house the school is all of the following:
a. In compliance with all state and local zoning, health, and building codes.
b. Clean and well-lighted.
c. Large enough to accommodate the anticipated student body.
d. Completely segregated from any other business.
e. Contains sufficient equipment and supplies for the proper and complete teaching of all subjects in its proposed curriculum.
(b) To maintain current and continuing licensure under this chapter, the school, to the satisfaction of the board, shall do all of the following:
(1) Employ one instructor and one on-call instructor for the first 20 students enrolled and in attendance at the school, and an additional instructor for each additional 20 students enrolled and in attendance at the school.
(2) Have no more than two instructor trainees per each instructor.
(3) Provide that the same person may not serve as the on-call instructor for more than one school.
(4) Maintain daily, monthly, and cumulative records for each student.
(5) Maintain regular classes and instruction hours.
(6) Establish grades and conduct appropriate examinations on a timely basis.
(7) Require a school term of training for a complete course with the minimum number of hours prescribed for each term. Programs reporting by clock hours shall comply with recording rules provided in this subsection and shall also furnish the board with an official transcript for each student within 30 days after the student completes the program or terminates enrollment.
(8) Include practical demonstrations, theoretical studies, and the study of sanitation, sterilization, and other safety measures and the use of antiseptics, cosmetics, and electrical appliances consistent with the practical and theoretical requirements applicable to any of the practices regulated by this chapter which are part of the school’s curriculum.
(c) A school engaged only in the teaching of Class 2 barbers, estheticians, or manicurists is not required to provide instruction in other practices regulated by this chapter. Such a school is required to satisfy all requirements imposed upon a school of cosmetology or a school of barbering relating to instructors, attendance records, enrollment, and other matters.
(d) The sale or transfer of a school is subject to prior approval by the board if the school is to continue in operation after the sale or transfer. The board may deny the sale or transfer of a school if the owner or operator of the school is the subject of outstanding violations of this chapter or the rules of the board, or both.
(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)
The status of any person or entity properly licensed by the Alabama Board of Cosmetology under former Chapter 7A of this title, on August 1, 2013, shall continue under the Alabama Board of Cosmetology and Barbering.
(Act 2013-371, p. 1330, §2.)
The administrative rules of the board existing on August 1, 2013, which reference Chapter 7A of this title, which is repealed by Act 2013-371, shall remain in effect until amended or repealed by the board.
(Act 2013-371, p. 1330, §3.)
The existence and functioning of the Alabama Board of Cosmetology, created and functioning pursuant to Sections 34-7A-1 to 34-7A-25, inclusive, is continued pursuant to this chapter. All rights, duties, property, real or personal, and all other effects existing in the name of the Alabama Board of Cosmetology, or in any other name by which the board has been known, shall continue in the name of the Alabama Board of Cosmetology and Barbering. Any reference to the Alabama Board of Cosmetology, or any other name by which the board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Board of Cosmetology and Barbering as created in this chapter. All actions of the Alabama Board of Cosmetology lawfully done prior to August 1, 2013, by the board or by the executive director or administrative assistant are approved, ratified, and confirmed. The board as constituted on August 1, 2013, shall constitute the board under this chapter.
(Act 2013-371, p. 1330, §1.)
(a)(1) Beginning January 1, 2022, the board may issue a license for the operation of a mobile salon to an applicant who submits an application on a form approved by the board, pays required fees as determined by rule of the board, and is in compliance with this article.
(2) Requirements that apply to a shop under this article shall apply to mobile salons, except to the extent that the requirements conflict with rules adopted by the board under subsection (b).
(b) By January 1, 2022, the board shall adopt rules to implement this section including, but not limited to, the establishment of fees and minimum specifications for the facilities, technical equipment, environment, supplies, personnel, operation, ownership, and procedures for the operation of mobile salons.
(Act 2021-406, §2.)
(a) The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public.
(b) This compact is designed to achieve the following objectives, and the member states ratify the same intentions, by subscribing to all of the following:
(1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure.
(2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession.
(3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology.
(4) Support relocating military members and their spouses.
(5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology.
(6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
(Act 2023-488, §1.)
As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:
(1) ACTIVE DUTY MILITARY MEMBER. Any individual in full-time duty status in the Armed Forces of the United States including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a member state’s laws which is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual’s license or authorization to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee’s practice, or any other encumbrance on a license affecting an individual’s ability to participate in the cosmetology industry, including the issuance of a cease and desist order.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s state licensing authority.
(4) AUTHORIZATION TO PRACTICE. A legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which shall be subject to the enforcement jurisdiction of the state licensing authority in that remote state.
(5) BACKGROUND CHECK. The submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R. § 20.33, from the Federal Bureau of Investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.
(6) CHARTER MEMBER STATE. Member states that have enacted legislation to adopt this compact where the legislation predates the effective date of this compact as defined in Section 34-7B-62.
(7) COMMISSION. The government agency whose membership consists of all states that have enacted this compact, which is known as the Cosmetology Licensure Compact Commission, as defined in Section 34-7B-58, and which shall operate as an instrumentality of the member states.
(8) COSMETOLOGIST. An individual licensed in his or her home state to practice cosmetology.
(9) COSMETOLOGY, COSMETOLOGY SERVICES, and THE PRACTICE OF COSMETOLOGY. The care and services provided by a cosmetologist as set forth in the member state’s statutes and rules in the state where the services are being provided.
(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Either of the following:
a. Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’s laws regarding fraud or the practice of cosmetology.
b. Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond.
(11) DATA SYSTEM. A repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions.
(12) DISQUALIFYING EVENT. Any event which shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify.
(13) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority.
(14) EXECUTIVE COMMITTEE. A group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(15) HOME STATE. The member state which is a licensee’s primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology.
(16) INVESTIGATIVE INFORMATION. Information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.
(17) JURSIPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of cosmetology in a state.
(18) LICENSEE. An individual who currently holds a license from a member state to practice as a cosmetologist.
(19) MEMBER STATE. Any state that has adopted this compact.
(20) MULTISTATE LICENSE. A license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee’s home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact.
(21) REMOTE STATE. Any member state, other than the licensee’s home state.
(22) RULE. Any rule or regulation adopted by the commission under this compact which has the force of law.
(23) SINGLE-STATE LICENSE. A cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.
(24) STATE. A state, territory, or possession of the United States and the District of Columbia.
(25) STATE LICENSING AUTHORITY. A member state’s regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
(Act 2023-488, §2.)
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must do all of the following:
(1) License and regulate cosmetology.
(2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state.
(3) Require that licensees within the state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state.
(4) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state.
(5) Implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history; disciplinary history; or background check. The procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s background check.
(6) Participate in the data system, including through the use of unique identifying numbers.
(7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise.
(8) Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state.
(9) Comply with rules adopted by the commission to administer the compact.
(10) Accept licensees from other member states as established herein.
(b) Member states may charge a fee for granting a license to practice cosmetology.
(c) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state.
(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(e) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements.
(Act 2023-488, §3.)
(a) To be eligible to apply to his or her home state’s state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in his or her home state.
(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state’s state licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.
(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the state licensing authority in receipt of the application, within a reasonable time, shall grant a multistate license to that applicant, and inform all member states of the grant of the multistate license.
(d) A multistate license to practice cosmetology issued by a member state’s state licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions herein.
(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(f) To maintain a multistate license under this compact, a licensee shall do all of the following:
(1) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services.
(2) Pay all required fees related to the application and process, and any other fees which the commission may by rule require.
(3) Comply with any and all other requirements regarding multistate licenses which the commission may by rule provide.
(g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
(h) The practice of cosmetology under a multistate license granted pursuant to this compact shall subject the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided.
(Act 2023-488, §4.)
(a) A licensee may hold a multistate license, issued by his or her home state, in only one member state at any given time.
(b) If a licensee changes his or her home state by moving between two member states:
(1) The licensee shall immediately apply for the reissuance of his or her multistate license in his or her new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.
(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state shall be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.
(3) If required for initial licensure, the new home state may require a background check as specified in the laws of that state, or the compliance with any jurisprudence requirements of the new home state.
(4) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.
(c) If a licensee changes his or her primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.
(d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state, and only one multistate license.
(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
(Act 2023-488, §5.)
(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, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with this compact.
(b) Insofar as practical, a member state’s state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to this compact.
(c) Discipline shall be the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state’s state licensing authority shall be responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any adverse action to the other member states through the data system in addition to any other methods the commission may by rule require.
(Act 2023-488, §6.)
(a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.
(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.
(c) In addition to the powers conferred by state law, each remote state’s state licensing authority shall have the power to do all of the following:
(1) Take adverse action against a licensee’s authorization to practice cosmetology through the multistate license in that member state, provided that:
a. Only the licensee’s home state shall have the power to take adverse action against the multistate license issued by the home state; and
b. For the purposes of taking adverse action, the home state’s state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action.
(2) Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice within that member state.
(3) Complete any pending investigations of a licensee who changes his or her primary state of residence during the course of an investigation. The state licensing authority shall also be empowered to report the results of an investigation to the commission through the data system as described herein.
(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before the court. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(6) Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another remote state.
(d) A licensee’s home state shall complete any pending investigation of a cosmetologist who changes his or her primary state of residence during the course of the investigation. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigation to the data system.
(e) If an adverse action is taken by the home state against a licensee’s multistate license, the licensee’s authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee’s multistate license shall include a statement that the cosmetologist’s authorization to practice is deactivated in all member states during the pendency of the order.
(f) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(Act 2023-488, §7.)
Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain his or her home state designation during any period of service when that individual or his or her spouse is on active duty assignment.
(Act 2023-488, §8.)
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Cosmetology Licensure Compact Commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Section 34-7B-62.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s state licensing authority.
(2) The delegate shall be an administrator of the state licensing authority of the member state or his or her designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state’s state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters that are voted on by the commission.
(7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall do all of the following:
(1) Establish the fiscal year of the commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Adopt rules and bylaws.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take actions consistent with this compact, the commission’s rules, and the bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the commission; provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing herein shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes a requirement for the grant of a multistate license.
(13) Assess and collect fees.
(14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that the commission shall avoid any appearance of impropriety or conflict of interest.
(15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(17) Establish a budget and make expenditures.
(18) Borrow money.
(19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and other interested individuals as may be designated in this compact and the bylaws.
(20) Provide and receive information from, and cooperate with, law enforcement agencies.
(21) Elect a chair, vice chair, secretary, treasurer, and other officers of the commission as provided in the commission’s bylaws.
(22) Establish and elect an executive committee, including a chair and a vice chair.
(23) Adopt and provide to the member states an annual report.
(24) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(25) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following:
a. Overseeing the day-to-day activities of the administration of the compact including compliance with the compact, the commission’s rules and bylaws, and other duties as deemed necessary.
b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.
c. Ensuring compact administration services are appropriately provided, including by contract.
d. Preparing and recommending the budget.
e. Maintaining financial records on behalf of the commission.
f. Monitoring compact compliance of member states and providing compliance reports to the commission.
g. Establishing additional committees as necessary.
h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to seven voting members:
a. The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee.
b. Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three voting members from the current membership of the commission.
c. The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section.
(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Annual executive committee meetings, as well as any executive committee meeting at which the executive committee does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (f)(4).
b. The executive committee shall give five business days’ advance notice of its public meetings, posted on its website and as determined to provide notice to individuals with an interest in the public matters the executive committee intends to address at those meetings.
(5) The executive committee may hold an emergency meeting when acting for the commission to do any of the following:
a. Meet an imminent threat to public health, safety, or welfare.
b. Prevent a loss of commission or member state funds.
c. Protect public health and safety.
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to subdivision (4) shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.
(2) Notwithstanding subdivision (1), the commission may convene an emergency public meeting by providing at least 24 hours’ prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 34-7B-60(l). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
(4) The commission may convene in a closed, non-public meeting for the commission to discuss any of the following:
a. Non-compliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.
c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally censuring any individual.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
k. Legal advice.
l. Matters specifically exempted from disclosure to the public by federal or member state law.
m. Other matters as adopted by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and the reference shall be recorded in the minutes.
(6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
(Act 2023-488, §9.)
(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.
(Act 2023-488, §10.)
(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state. Where the rules of the commission conflict with the laws of the member state that establish the member state’s scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state or to any state applying to participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow individuals to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission shall hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking to all of the following:
(1) On the website of the commission or other publicly accessible platform.
(2) To individuals who have requested notice of the commission’s notices of proposed rulemaking.
(3) In other ways as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include all of the following:
(1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule.
(2) If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
(3) The text of the proposed rule and the reason therefor.
(4) A request for comments on the proposed rule from any interested individual.
(5) The manner in which interested individuals may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) 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.
(k) The commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 45 days after the commission issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days’ notice, with opportunity to comment, 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 shall be adopted immediately to do 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 a rule that is established by federal law or rule.
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule 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 individual for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission 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.
(n) No member state’s rulemaking requirements shall apply under this compact.
(Act 2023-488, §11.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any similar matter.
(3) The commission may receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in any proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(3) 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 delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority and each of the member states’ state licensing authority.
(5) 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.
(6) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of the termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of termination.
(7) 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.
(8) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of the litigation, including reasonable attorney’s 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 this compact and the commission’s rules.
(2) By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal office to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.
(3) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal office to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney’s fees.
(4) No individual or entity other than a member state may enforce this compact against the commission.
(Act 2023-488, §12.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-7B-61.
b. If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in Section 34-7B-58(c)(24) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(4) Any state that joins the compact shall be subject to the commission’s rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.
(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s state licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2023-488, §13.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, individual, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-7B-61, terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2023-488, §14.)
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.
(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(Act 2023-488, §15.)
(a) The purpose of this compact is to facilitate the interstate practice and regulation of esthetics with the goal of improving public access to, and the safety of, esthetics services and reducing barriers related to esthetician licensure. Through this compact, the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed estheticians in the member states, while ensuring the provision of safe, effective, and reliable services to the public.
(b) This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto:
(1) Provide opportunities for interstate practice by estheticians who meet uniform requirements for multistate licensure;
(2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession;
(3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of esthetics;
(4) Support relocating military members and their spouses;
(5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of esthetics; and
(6) Provide for the licensure and mobility of the workforce in the profession.
(Act 2026-350, §1.)
As used in this compact, and except as otherwise provided, the following definitions govern the terms herein:
(1) ACTIVE DUTY. Any individual in full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a member state’s laws which is imposed by a licensing authority or other regulatory body against an esthetician, including actions against an individual’s license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee’s practice, or any other encumbrance on a license affecting an individual’s ability to participate in the esthetics industry, including the issuance of a cease and desist order.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or prosecutorial diversion program approved by a member state’s licensing authority.
(4) AUTHORIZATION TO PRACTICE. A legal authorization associated with a multistate license permitting the practice of esthetics in that remote state, which shall be subject to the enforcement jurisdiction of the licensing authority in that remote state.
(5) BACKGROUND CHECK. The submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.
(6) CHARTER MEMBER STATE. Member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in Section 34-7B-92.
(7) COMMISSION. The joint government agency whose membership consists of all states that have enacted this compact, which is known as the Esthetics Licensure Compact Commission, as defined in Section 34-7B-88, and which shall operate as an instrumentality of the member states.
(8) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Either of the following:
a. Investigative information that a licensing authority, after an inquiry or investigation that complies with a member state’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’s laws regarding fraud or the practice of esthetics.
b. Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond.
(9) DATA SYSTEM. A repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions.
(10) DISQUALIFYING EVENT. Any event that shall disqualify an individual from holding a multistate license under this compact and which the commission, by rule or order, may specify.
(11) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of esthetics by a licensee, or where the adverse action has been reported to the commission.
(12) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of esthetics by a licensing authority.
(13) ESTHETICIAN. An individual licensed in his or her home state to engage in the practice of esthetics as defined in this section.
(14) ESTHETICS. The skin care and services for cosmetic purposes provided by an esthetician in a member state as set forth in the relevant statutes and rules of a member state. The practice of esthetics occurs in the member state where the client is located at the time of service.
(15) EXECUTIVE COMMITTEE. A group of delegates elected or appointed to act on behalf of and within the powers granted to them by the commission.
(16) HOME STATE. The member state that is a licensee’s primary state of residence and where that licensee holds an active and unencumbered license to practice esthetics.
(17) INVESTIGATIVE INFORMATION. Information, records, or documents received or generated by a licensing authority pursuant to an investigation or other inquiry.
(18) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of esthetics in a state.
(19) LICENSEE. An individual who currently holds a license from a member state to practice as an esthetician.
(20) LICENSING AUTHORITY. A state’s administrative or regulatory body responsible for regulating the practice of esthetics, or which is responsible for issuing licenses to estheticians or otherwise overseeing the practice of esthetics in that state.
(21) MEMBER STATE. Any state that has adopted this compact.
(22) MULTISTATE LICENSE. A license issued and subject to the enforcement jurisdiction of the licensing authority in a licensee’s home state, which authorizes the practice of esthetics in member states and includes authorizations to practice esthetics in all remote states pursuant to this compact.
(23) REMOTE STATE. Any member state, other than the licensee’s home state.
(24) RULE. A regulation adopted by the commission under this compact, or an authorized entity, that has the force of law.
(25) SINGLE-STATE LICENSE. A license issued by a member state which authorizes the practice of esthetics only within the issuing state and does not include any authorization outside of the issuing state.
(26) STATE. A state, commonwealth, territory, or possession of the United States and the District of Columbia.
(Act 2026-350, §1.)
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must do all of the following:
(1) License estheticians and regulate esthetics.
(2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state.
(3) Require that licensees within the state pass a competency examination prior to being licensed to provide esthetics services to the public in that state.
(4) Require that licensees satisfy educational or training requirements prior to being licensed to provide esthetics services to the public in that state.
(5) Implement procedures for considering one or more of the following categories of information from applicants for licensure: (i) criminal history; (ii) disciplinary history; or (iii) background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s background check as defined herein.
(6) Participate in the data system, including through the use of unique identifying numbers.
(7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise.
(8) Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state.
(9) Comply with such rules as may be enacted by the commission to administer the compact.
(10) Accept licensees from other member states as established herein.
(b) Member states may charge a fee for granting a multistate license to practice esthetics.
(c) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state.
(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(e) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice esthetics in each member state.
(f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice esthetics. The member states shall retain sole jurisdiction over the provision of these requirements.
(Act 2026-350, §1.)
(a) To be eligible to apply to his or her home state’s licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice esthetics in his or her home state.
(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state’s licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.
(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the licensing authority in receipt of the application, within a reasonable time, shall grant a multistate license to that applicant and inform all member states of the grant of the multistate license.
(d) A multistate license to practice esthetics issued by a member state’s licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions herein.
(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(f) To maintain a multistate license under this compact, a licensee must:
(1) Agree to abide by the rules of the licensing authority, and the state scope of practice laws governing the practice of esthetics, of any member state in which the licensee provides services;
(2) Pay all required fees related to the application and process, and any other fees which the commission, by rule, may require; and
(3) Comply with any and all other requirements regarding multistate licenses which the commission, by rule, may provide.
(g) A licensee practicing in a member state is subject to all scope of practice laws governing esthetics services in that state.
(h) The practice of esthetics under a multistate license granted pursuant to this compact will subject the licensee to the jurisdiction of the licensing authority, the courts, and the laws of the member state in which the esthetics services are provided.
(Act 2026-350, §1.)
(a) A licensee may hold a multistate license, issued by his or her home state, in only one member state at any given time.
(b) If a licensee changes his or her home state by moving between two member states:
(1) The licensee shall immediately apply for the reissuance of his or her multistate license in his or her new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission;
(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;
(3) If required for initial licensure, the new home state may require a background check as specified in the laws of the new home state or compliance with any jurisprudence requirements of the new home state; and
(4) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.
(c) If a licensee changes his or her primary state of residence by moving from a member state to a nonmember state, or from a nonmember 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.
(Act 2026-350, §1.)
(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.
(Act 2026-350, §1.)
(a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.
(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.
(c) In addition to the powers conferred by state law, each remote state’s licensing authority shall have the power to:
(1) Take adverse action against a licensee’s authorization to practice esthetics through the multistate license in that member state, provided that:
a. Only the licensee’s home state shall have the power to take adverse action against the multistate license issued by the home state; and
b. For the purpose of taking an adverse action, the home state’s licensing authority 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 the appropriate action;
(2) Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice within that member state;
(3) Complete any pending investigations of a licensee who changes his or her primary state of residence during the course of such an investigation. The licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described herein;
(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and
(6) Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another remote state.
(d) A licensee’s home state shall complete any pending investigation of an esthetician who changes his or her primary state of residence while the investigation is pending. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of any investigation to the data system.
(e) If an adverse action is taken by the home state against a licensee’s multistate license, the licensee’s authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee’s multistate license shall include a statement that the esthetician’s authorization to practice is deactivated in all member states during the pendency of the order.
(f) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(Act 2026-350, §1.)
An active duty military service member or his or her spouse shall designate a home state where the individual has a current license in good standing. The individual or spouse may retain his or her home state designation during any period of service when that individual is on active duty.
(Act 2026-350, §1.)
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Esthetics Licensure Compact Commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Section 34-7B-92.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.
(2) The delegate shall be an administrator of the licensing authority of the member state or its designee.
(3) The commission, by rule or bylaw, shall establish a term of office for delegates and, by rule or bylaw, may establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters that are voted on by the commission.
(7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Adopt rules and bylaws.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission’s behalf.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing herein shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of multistate license.
(13) Assess and collect fees.
(14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(17) Establish a budget and make expenditures.
(18) Borrow money.
(19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives and such other interested persons as may be designated in this compact and the bylaws.
(20) Provide and receive information from, and cooperate with, law enforcement agencies.
(21) Elect a chair, vice chair, secretary, and treasurer and such other officers of the commission as provided in the commission’s bylaws.
(22) Establish and elect an executive committee, including a chair and a vice chair.
(23) Adopt and provide to the participating states an annual report.
(24) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(25) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:
a. Overseeing the day-to-day activities of the administration of the compact, including compliance with the provisions of the compact, the commission’s rules and bylaws, and other such duties as deemed necessary;
b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;
c. Ensuring compact administration services are appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the commission;
f. Monitoring compact compliance of member states and providing compliance reports to the commission;
g. Establishing additional committees as necessary;
h. Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
i. Other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to seven voting members:
a. The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee;
b. Other than the chair and vice chair, secretary, and treasurer, the commission shall elect three voting members from the current membership of the commission; and
c. The commission may elect ex officio, nonvoting members from a recognized national organization as approved by the commission. The commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section.
(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Annual executive committee meetings, as well as any executive committee meeting during which the executive committee does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under subdivision (f)(4).
b. The executive committee shall give five business days advance notice of its public meetings, posted on its website, and any other means as provided in the commission’s rules, to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.
(5) The executive committee may hold an emergency meeting when acting for the commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of commission or participating state funds; or
c. Protect public health and safety.
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.
(2) Notwithstanding subdivision (1), the commission may convene an emergency public meeting by providing at least 24-hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons the commission may dispense with notice of proposed rulemaking under Section 34-7B-90(l). The commission’s legal counsel shall certify one of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
(4) The commission may convene in a closed, nonpublic meeting for the commission to discuss the following:
a. Noncompliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures.
c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any person of a crime or formally censuring any person.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
k. Legal advice.
l. Matters specifically exempted from disclosure to the public by federal or member state law.
m. Other matters as adopted by the commission, by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on, and collect an annual assessment from, each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any member state, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.
(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
(Act 2026-350, §1.)
(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) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;
(5) Any denial of application for a license, and the reason for such 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; and
(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 such 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 that contribute 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 which is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
(Act 2026-350, §1.)
(a) The commission shall adopt reasonable rules to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state, provided that where the rules of the commission conflict with the laws of the member state that establish the member state’s scope of practice laws governing the practice of esthetics as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state or to any state applying to participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) To persons who have requested notice of the commission’s notices of proposed rulemaking; and
(3) In such other ways as the commission, by rule, may specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason therefor;
(4) A request for comments on the proposed rule from any interested person; and
(5) The manner in which interested persons may submit written comments.
(i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) 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.
(k) The commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 45 days after the commission adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the 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 to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent the loss of commission or member state funds;
c. Meet a deadline for the adoption of a rule that is established by federal law or rule; or
d. Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule 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 commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(n) No member state’s rulemaking requirements shall apply under this compact.
(Act 2026-350, §1.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the member states’ licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of the termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact which 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.
(j) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.
(2) By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s laws.
(3) A member state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(4) No individual or entity other than a member state may enforce this compact against the commission.
(Act 2026-350, §1.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-7B-91.
b. If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence, and the compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact after the charter member states shall be subject to the process set forth in Section 34-7B-88(c)(24) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered actions of the commission unless specifically repudiated by the commission.
(4) Any state that joins the compact shall be subject to the commission’s rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.
(1) A member state’s withdrawal shall not take effect until 180 days after the enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2026-350, §1.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact, and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-7B-91, terminate a member state’s participation in the compact if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2026-350, §1.)
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(d) The purpose of this compact is to facilitate multistate licensure for estheticians. Nothing herein shall subject a member state to any laws, rules, or policies from any other member state beyond the intended purpose of this compact.
(e) Nothing in this compact shall require any member state to adopt additional laws, rules, or policies beyond the intended purpose of this compact.
(Act 2026-350, §1.)
(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.
(Acts 1935, No. 297, p. 721, §1; Code 1940, T. 46, §65; Acts 1959, No. 571, p. 1429, §1; Acts 1989, No. 89-648, p. 1278, §1; Acts 1996, No. 96-640, p. 1013, §1; Acts 1997, No. 97-270, p. 486, §1; Act 2003-142, p. 441, §3; Act 2009-725, p. 2168, §1; Act 2024-277, §1.)
(a) Any person desiring to be licensed or desiring a renewal of an existing license as a general contractor in this state 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, and shall make and file with the board, not less than 30 days prior to any regular meeting thereof, a written application on a form as prescribed for examination by the board and the application shall be accompanied by three hundred dollars ($300) for a new application or two hundred dollars ($200) in case of a renewal. If a licensee fails to renew his or her license within 90 days following expiration of the previous license, a late penalty of fifty dollars ($50) shall be collected, upon renewal, in addition to the renewal fee. The applicant shall apply for a license covering the type or types of contracts on which he or she wishes to perform, and shall provide proof of liability insurance. The board shall classify contractors according to the type or types of contracts on which they may perform, within maximum bid limits, on the following basis: The applicant’s request, his or her last annual financial statement prepared by a certified public accountant (C.P.A.) or by any independent licensed public accountant approved by the Licensing Board for General Contractors, his or her previous experience, equipment, and the facts in each case. An applicant shall not be so classified as to permit him or her to bid on or to perform a type of work not included in his or her request for a license. If the application is satisfactory to the board, then the applicant may be required to take an examination to determine his or her qualifications. If the result of the examination of the applicant is satisfactory to the board, the board shall then issue to the applicant a certificate to engage in general contracting in the State of Alabama, stipulating in each license issued the type or types of work the contractor is permitted to bid on or to perform under his or her license and also setting out a letter symbol indicating the maximum limits on which he or she is permitted to bid or to perform in a single contract. The maximum bid limits shall be set by the formula of not more than 10 times either the net worth or working capital, whichever is the lesser amount, as shown by the applicant’s latest financial statement and designated in the classification set out herein that is the closest to this amount. Should the financial statement of the applicant fail to substantiate the limits requested, further consideration may be given to either of the following: (1) the present market value in lieu of book value of listed assets when properly supported with substantiating evidence, including a combined statement of the applicant that includes other wholly owned or substantially owned interests, or (2) the applicant may furnish a bond acceptable to the board equal in the amount of the applicant’s negative working capital or net worth plus the amount of such net worth and working capital to satisfy the requested bid limit. When an applicant’s statement qualifies for an amount in excess of classification “E”, the limits shall then be set as classification Unlimited or “U”. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any one single contract undertaking:
A - Not to exceed$100,000.00 B - Not to exceed 250,000.00C - Not to exceed 500,000.00D - Not to exceed 1,000,000.00E - Not to exceed 3,000,000.00U - Unlimited
(b) Any person failing to pass the examination may be reexamined at any regular or called meeting of the board. The certificate of authority to engage in the business of general contracting in the State of Alabama shall expire 12 months following its issuance or renewal and shall become invalid on that date unless renewed. The board may provide for a transitional period following May 19, 1999, during which licenses may be renewed for less than 12 months, or more than 12 months, in order to implement a staggered license renewal schedule in which licenses would be renewed each month throughout the year. Once the transitional period is completed, each license shall be renewed for a 12-month period. The board may promulgate rules and regulations relating to the procedures for renewal of licenses. Upon the renewal of a license, the board shall reclassify or confirm the license both as to the types of work and bid limits as specified in this section. A licensee may apply for and, on proof satisfactory to the board, may receive an increase in the amount of his or her bid limit, change his or her classification, or verify his or her license with a reciprocating state for fees not greater than seventy-five dollars ($75) as set by the board. Application for renewal of a license, together with the payment of a fee of two hundred dollars ($200), received by the board at least 30 days prior to expiration, shall serve to extend the current license until the board either renews the license or denies the application. A licensee may apply for inactive status by notifying the board in writing at least 30 days before the expiration of his or her license. The fee for inactive status is two hundred dollars ($200). The board shall provide by rule for the activities that may be engaged in by an inactive status licensee and for a procedure for reinstatement as an active license holder. At the discretion of the board, a limited license may be issued for a particular project.
(c) The sum or fee of three hundred dollars ($300) accompanying original applications and sum or fee of two hundred dollars ($200) accompanying applications for renewals under this section are for the administration and enforcement of this chapter and shall not be refunded to the applicant.
(Acts 1935, No. 297, p. 721, §9; Code 1940, T. 46, §73; Acts 1959, No. 571, p. 1429, §1; Acts 1961, Ex. Sess., No. 150, p. 2093, §1; Acts 1975, No. 485, p. 1115, §1; Acts 1982, No. 82-400, p. 603, §4; Acts 1986, No. 86-557, p. 1133, §3; Acts 1991, No. 91-197, p. 361, §3; Acts 1996, No. 96-640, p. 1013, §1; Act 99-199, p. 251, §3; Act 2008-134, p. 199, §3; Act 2009-725, p. 2168, §1; Act 2011-165, p. 308, §3.)
When the board conducts an examination of an applicant for a license, as much as three days may be devoted to written or oral examination, within the discretion of the board, to ascertain the ability of the applicant to make a practical application of his or her knowledge of the profession of general contracting; and the board shall investigate thoroughly the financial responsibility and past record of all applicants, which will include an effort towards ascertaining the qualifications of an applicant in reading plans and specifications, estimating costs, construction ethics, and other similar matters. The board shall take all applicants under consideration after having examined them and go thoroughly into the records, oral, and written examinations prior to granting any certificate of license. If an applicant is an individual, examination may be taken by his or her personal appearance for examination, or by the appearance for examination of one or more of his or her responsible managing employees, and if a copartnership or corporation, or any other combination or organization, by the examination of one or more of the responsible managing officers or members of the executive staff of the applicant’s firm according to its own designation.
(Acts 1935, No. 297, p. 721, §9 1/2; Code 1940, T. 46, §74; Acts 1959, No. 571, p. 1429, §1.)
(a) The board may levy and collect an administrative fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for any violation of any provision of this chapter or the rules and regulations of the board.
(b) The board may also revoke the certificate of license of any general contractor licensed hereunder who is found guilty of any fraud or deceit in obtaining a license or gross negligence, incompetence or misconduct in the conduct of business. Any person may prefer charges of the fraud, deceit, negligence, or misconduct against any general contractor licensed hereunder. The charges shall be in writing and sworn to by the complainant and submitted to the board. The charges, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within 90 days after the date on which they were preferred. The hearing shall be held at the office of the State Licensing Board for General Contractors in Montgomery, Alabama. A copy of the charges, together with the notice of the time and place of hearing, shall be legally served on the accused by the secretary of the board, any sheriff in the state or by registered or certified mail, at least 10 days before the fixed date for the hearing. In the event that the service cannot be effected 10 days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the carrying out of the aforementioned condition. At the hearing the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him, her, or them and to produce evidence of witnesses in his, her, or their defense. If, after the hearing, the board votes in favor of finding the accused guilty, the board shall revoke the license of the accused. The board may reissue a license to any person, firm, or corporation whose license has been revoked. The board shall immediately notify the Secretary of State and the clerk of each incorporated city, town, or county in the state of its findings in the case of the revocation or of the reissuance of a revoked license. A certificate of license to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board.
(Acts 1935, No. 297, p. 721, §10; Code 1940, T. 46, §75; Acts 1959, No. 571, p. 1429, §1; Acts 1982, No. 82-400, p. 603, §4; Acts 1991, No. 91-197, p. 361, §3; Acts 1996, No. 96-640, p. 1013, §1; Act 99-199, p. 251, §3.)
The issuance of a certificate by the board shall be evidence that the person, firm, or corporation named therein is entitled to all the rights and privileges of a licensed general contractor to perform work of the types and amounts specified in the license issued to him, her, or it while the license remains unrevoked or unexpired.
(Acts 1935, No. 297, p. 721, §11; Code 1940, T. 46, §76; Acts 1959, No. 571, p. 1429, §1.)
(a) Any person, firm, or corporation not being duly authorized who shall engage in the business of general contracting in this state, except as provided for in this chapter, and any person, firm, or corporation presenting or attempting to file as its own the license certificate of another, or who shall give false or forged evidence of any kind to the board, or to any member thereof, in obtaining a certificate of license, or who falsely shall impersonate another, or who shall use an expired or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for each offense for which he or she is convicted shall be punished as provided by law. Furthermore, any person including an owner, architect, engineer, construction manager, or private awarding authority who considers a bid from anyone not properly licensed under this chapter shall be deemed guilty of a Class B misdemeanor and shall for each offense of which he or she is convicted be punished as provided by law.
(b) Every person, firm, or corporation licensed pursuant to this chapter shall include his or her license number in all construction contracts, subcontracts, bids, and proposals. Any person, firm, or corporation violating this provision shall be guilty of a Class B misdemeanor and shall for each offense of which he or she is convicted be punished as provided by law.
(c) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice constituting a violation of this chapter, directing the person, firm, or corporation to forthwith cease and desist from the activity, conduct, practice, or the performance of any work then being done or about to be commenced. The order shall be issued in the name of the State of Alabama under the official seal of the board. If the person, firm, or corporation to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of work immediately, the board shall cause to issue in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the person, firm, or corporation from engaging in any activity, conduct, practice, or performance of work as prohibited by this chapter. Upon showing by the board that the person, firm, or corporation has engaged or is engaged in any activity, conduct, practice, or performance of work prohibited by this chapter, the courts shall issue a temporary restraining order restraining the person, firm, or corporation from engaging in such unlawful activity, conduct, practice, or performance of work pending the hearing on a preliminary injunction, and in due course a permanent injunction shall issue after the hearing, commanding the cessation of the unlawful activity, conduct, practice, or performance of work complained of, all without the necessity of the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond. In the suit for an injunction, the board may demand of the defendant a fine of up to five thousand dollars ($5,000) plus costs and attorney fees for each offense. A judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute. The trial of the proceeding by injunction shall be summary and by the trial judge without jury. Anyone violating this chapter who fails to cease work, after a hearing and notification from the board, shall not be eligible to apply for a contractor’s license for a period not to exceed one year from the date of official notification to cease work. It shall be within the power of the board to withhold approval, for up to six months, of any application from anyone who prior to the application has been found in violation of this chapter.
(d) The submission of the contractor’s current license number before considering the bid shall be sufficient evidence to relieve the owner, architect, engineer, construction manager, or awarding authority of any liability under this chapter.
(Acts 1935, No. 297, p. 721, §12; Code 1940, T. 46, §77; Acts 1959, No. 571, p. 1429, §1; Acts 1996, No. 96-640, p. 1013, §1; Act 99-199, p. 251, §3; Act 2009-725, p. 2168, §1.)
AMENDED BY ACT 2026-396, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The following shall be exempted from this chapter:
(1) The practice of general contracting, as defined in Section 34-8-1, by an authorized representative of the United States Government, State of Alabama, incorporated town, city, or county in this state, which is under the supervision of a licensed architect or engineer, provided any work contracted out by the authorized representative shall comply with the definition in this chapter for general contractor.
(2) The construction of any residence or private dwelling.
(3) A person, firm, or corporation constructing a building or other improvements on his, her, or its own property, provided that any of the work contracted out complies with the definition in this chapter for general contractor. A municipal governing body or municipal regulatory body may not enact any ordinance or law restricting or altering this exemption. Any municipal ordinance or regulation that conflicts with this exemption is repealed effective June 11, 2015.
(4) The installation, repair, maintenance, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications in an emergency by a utility regulated by the Public Service Commission, or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications, or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer. For purposes of this subdivision, the term “emergency” is defined as a situation whereby service to the consumer has been interrupted or may be interrupted if work to remedy the emergency is not performed and completed within 60 days, and such other situations that are determined to be an emergency in the discretion of the board.
(5) The repair, maintenance, replacement, reinstallation, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications on a routine, regular, or recurring basis by a utility regulated by the Public Service Commission or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer.
(6) Routine or regular maintenance, repair, replacement, reinstallation, or removal of equipment, specialized technological processes, or equipment facility systems as determined by the board with regard to scope, frequency, and specialty of the work to be performed.
(7) Routine landscape maintenance work that includes cutting grass; trimming, replacing, and removal of bushes, shrubs, and similar items; the placement and removal of pine straw, mulch, bark, and similar ground covers; and other routine ground maintenance.
(8) The provision of temporary labor by a labor broker or other temporary labor provider that provides workers to a general contractor to perform work under the supervision and control of that general contractor. For the purposes of licensing, temporary workers are deemed to fall under the license of the general contractor to whom they are provided. This exemption does not allow labor brokers or other temporary labor providers to act as subcontractors or to assume a scope of work for a project as a subcontractor.
(b) The exemptions provided in subsection (a) shall exclude a swimming pool contractor. Provided, however, a person, firm, or corporation constructing a swimming pool on his, her, or its own property shall be exempted from this chapter.
(c) A subcontractor, as defined in Section 34-8-1(c), is subject to and shall comply with this chapter as specified for a general contractor except as follows:
(1) A subcontractor shall pay one-half of the fees required in this chapter for a general contractor.
(2) No bid limits shall be established for a subcontractor.
(3) A subcontractor shall submit with license application and renewals a statement of financial condition as prescribed by the board.
(4) A subcontractor shall furnish three references from any combination of the following: Licensed general contractors, registered professional engineers, or registered architects, or qualified person, as declared by the board, for whom they have worked. If a subcontractor has only been employed by one company, the subcontractor shall provide the following: Three or more jobs he or she has worked on, the amounts of the contracts, the time period of the contracts, the location of the contracts, and a statement of experience.
(5) A subcontractor is not required to be licensed at the time a project is bid, but must be licensed with the board prior to beginning work on the project.
(6) A general contractor license and license number issued by the board to subcontractors shall denote subcontractor status.
(7) A subcontractor is not required to sit for any examination before being licensed.
(Acts 1935, No. 297, p. 721, §13; Code 1940, T. 46, §78; Acts 1959, No. 571, p. 1429, §1; Acts 1989, No. 89-648, p. 1278, §2; Acts 1996, No. 96-640, p. 1013, §1; Acts 1997, No. 97-270, p. 486, §1; Act 99-199, p. 251, §3; Act 2009-725, p. 2168, §1; Act 2011-165, p. 308, §3; Act 2015-480, p. 1648, §1, Act 2023-99, §3; Act 2024-277, §1.)
(a) All owners, architects, engineers, construction managers, and private awarding authorities preparing plans and specifications for work to be contracted in Alabama pursuant to this chapter shall include in their invitations to bidders, including but not limited to all public and private advertisements, and their specifications a copy of the portions of this chapter as are deemed necessary to convey to the invited bidder, whether he or she is a resident or nonresident of this state and whether a license has been issued to him or her or not, the information that it will be necessary for him or her to show evidence of license before his or her bid is considered. Any person including an owner, architect, engineer, construction manager, or private awarding authority who violates this section shall be guilty of a Class B misdemeanor and shall for each offense of which he or she is convicted be punished, fined, or both, in accordance with Sections 13A-5-7 and 13A-5-12.
(b) All owners, architects, engineers, construction manager, or private awarding authority receiving bids pursuant to this chapter shall require the person, firm, or corporation to include his or her current license number on the bid. The owner, architect, engineer, construction manager, or private awarding authority shall reject all bids that do not contain the current license number of the general contractor submitting the bid. All persons who violate this subsection shall be guilty of a Class C misdemeanor and shall for each offense for which he or she is convicted be punished, fined, or both, in accordance with Sections 13A-5-7 and 13A-5-12.
(Acts 1935, No. 297, p. 721, §14; Code 1940, T. 46, §79; Acts 1959, No. 571, p. 1429, §1; Acts 1996, No. 96-640, p. 1013, §1; Act 2009-725, p. 2168, §1.)
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.
(Acts 1935, No. 297, p. 721, §15; Code 1940, T. 46, §80; Acts 1947, No. 402, p. 293, §1; Acts 1959, No. 571, p. 1429, §1; Acts 1987, No. 87-175, p. 236, §3; Acts 1996, No. 96-640, p. 1013, §1; Acts 1997, No. 97-270, p. 486, §1.)
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.”
(Acts 1935, No. 297, p. 721, §16; Code 1940, T. 46, §81; Acts 1959, No. 571, p. 1429, §1.)
In order to safeguard life, health, and property and to promote the general public welfare by requiring that only properly qualified persons be permitted to engage in general contracting, there shall be a State Licensing Board for General Contractors, consisting of five members, who shall be citizens of this state and appointed by the Governor. Each of the members shall be a general contractor, within the meaning of this chapter, with at least 10 years’ experience in the field as a contractor. At least one member of the board shall have as a larger part of his or her business the construction of highways. At least one member of the board shall have as a larger part of his or her business the construction of public utilities. At least one member shall have as a larger part of his or her business the construction of buildings. At least one member of the board shall have as a larger part of his or her business the performance of construction work as a subcontractor. The members of the board shall be appointed for one, two, three, four, and five years respectively, their terms of office expiring on December 31 of those years. Thereafter, on the thirty-first day of December in each year the Governor shall appoint to fill the vacancies caused by the expiration of the term of office a member for a term of five years. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. If a vacancy shall occur on the board for any cause, the vacancy shall be filled by the appointment of the Governor, and the Governor may remove any member of the board at any time, with or without cause.
(Acts 1935, No. 297, p. 721, §2; Code 1940, T. 46, §66; Acts 1959, No. 571, p. 1429, §1; Acts 1996, No. 96-640, p. 1013, §1; Act 99-199, p. 251, §§2, 3; Act 2003-142, p. 441, §3; Act 2008-134, p. 199, §3; Act 2015-190, §1.)
Each member of the board shall before entering upon the discharge of the duties of his or her office take and file with the Secretary of State the oath required by Section 279 of the Constitution of Alabama.
(Acts 1935, No. 297, p. 721, §3; Code 1940, T. 46, §67; Acts 1959, No. 571, p. 1429, §1.)
When the Governor appoints the board, he or she shall designate and commission one member as the chairperson, another as vice-chairperson, and another as secretary-treasurer. The board may make the bylaws, rules, and regulations as it shall deem best, provided the same shall not conflict with the laws of the State of Alabama. The secretary-treasurer shall give bond in the sum as the board shall determine with the surety as shall be approved. The bond shall be conditioned upon the faithful performance of the duties of the office and for the faithful accounting of all moneys and other properties as shall come into his or her hands. Each member of the board shall receive two hundred dollars ($200) per day for attending sessions of the board or its committees, and for time actually spent in necessary travel in attending meetings of the board or its committees and in addition shall be reimbursed for necessary travel expenses as are paid to state employees incurred in carrying out this chapter. All expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including authorized compensations, office rent, and supplies shall be paid out of the State Licensing Board for the General Contractors’ Fund in the State Treasury in the manner provided in Section 34-8-25, provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts as stipulated in the general appropriation bill.
(Acts 1935, No. 297, p. 721, §4; Code 1940, T. 46, §68; Acts 1951, No. 835, p. 1466, §1; Acts 1959, No. 571, p. 1429, §1; Acts 1980, No. 80-698, p. 1404, §1; Acts 1996, No. 96-640, p. 1013, §1.)
The board shall adopt a seal for its own use. Such seal shall have the words “License Board for Contractors, State of Alabama,” and the secretary shall have the charge, care, and custody thereof.
(Acts 1935, No. 297, p. 721, §5; Code 1940, T. 46, §69; Acts 1959, No. 571, p. 1429, §1.)
The board shall have four regular meetings in each year, one in January, one in April, one in July, and one in October, for the purpose of transacting business which may properly come before it, and as many special or adjourned meetings as the board may deem necessary, on call of the chair of the board. Special or adjourned meetings may be held at the time the board provides in the bylaws or at a time the board may provide by reasonable resolution. Due notice of each regular meeting and the time and place thereof shall be given to each member by mail at least one week prior to the meeting. Three members of the board shall constitute a quorum.
(Acts 1935, No. 297, p. 721, §6; Code 1940, T. 46, §70; Acts 1959, No. 571, p. 1429, §1; Acts 1986, No. 86-557, p. 1133, §3; Acts 1996, No. 96-640, p. 1013, §1.)
The secretary-treasurer shall keep a record of the proceedings of the board, shall receive and account for all the moneys derived from the operation of this chapter and shall deposit, or cause to be deposited, all such moneys in the State Treasury to the credit of the State Licensing Board for General Contractors; and the funds shall be subject to withdrawal only upon warrant of the state Comptroller to be issued upon certificate or voucher certified by the secretary-treasurer of the board. Any funds remaining in the State Treasury to the credit of the State Licensing Board for General Contractors at the end of each year shall be paid into the General Fund of the state on or before January 15 in each succeeding year. The board has the right, however, at all times to retain a sum not in excess of 33 percent of its budget of the previous year to meet any emergency that may arise which may affect its efficient operation.
(Acts 1935, No. 297, p. 721, §7; Code 1940, T. 46, §71; Acts 1951, No. 835, p. 1466, §2; Acts 1975, No. 485, p. 1115, §1; Acts 1991, No. 91-197, p. 361, §3; Act 2008-134, p. 199, §3.)
The secretary-treasurer shall keep a record of the proceedings of the board and a register of the applicants for license, showing for each the date of application, name, qualifications, place of business, and whether the license was granted or refused. The books and register of this board shall be prima facie evidence of all matters recorded therein, and a certified copy of such books or register, under the seal of the board, attested by its secretary, shall be received in evidence in all courts in this state in lieu of the original.
A roster showing the names and places of business of all licensed general contractors shall be prepared by the secretary of the board as soon as convenient after the board first meets each year. Such roster, which shall include a copy of the licensing law, shall be printed by the board out of funds of the board, as provided in Section 34-8-25, and a copy mailed to and placed on file by the clerk of each incorporated city and town in the state and to and by the probate judge of each county in the state.
On or before March 1 of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of such report, together with a complete statement of receipts and expenditures of the board, attested by the affidavit of the chairman and secretary and a copy of the roster of licensed general contractors.
It shall be the duty of the secretary-treasurer to investigate and report to the board each complaint filed relative to violation of this chapter.
(Acts 1935, No. 297, p. 721, §8; Code 1940, T. 46, §72; Acts 1959, No. 571, p. 1429, §1.)
Any party aggrieved by any decision of the State Licensing Board, either in denying an application for license as a general contractor or in revoking a license, may appeal to the Circuit Court of Montgomery County by filing a bond with the clerk of the court, conditioned to pay all costs of the appeal. Upon notice of the appeal being served upon the Licensing Board, an issue shall be made up by the court between the appellant and the Licensing Board, in which the appellant shall allege in what respect the action of the Licensing Board was erroneous and prejudicial to him or her; whereupon the court shall hear the evidence and, without regard to the decision of the Licensing Board, shall render such decision as the court is of the opinion the Licensing Board should have rendered in the first instance.
(Acts 1935, No. 297, p. 721, §17; Code 1940, T. 46, §82; Acts 1959, No. 571, p. 1429, §1.)
(a) An amount of one hundred dollars ($100) from the fees required for application and renewal for certification and registration of general contractors in Section 34-8-2, and an amount of fifty dollars ($50) from the fees required for application and renewal of the license of a subcontractor pursuant to Section 34-8-7, shall be distributed by the State Licensing Board for General Contractors to all accredited public institutions of higher education offering American Council for Construction Education accredited courses in building science, and to all accredited public institutions of higher education offering courses in building science which are in the candidate status of the American Council for Construction Education and to institutions of higher education offering courses leading to a bachelor of civil engineering degree which offers courses in highway engineering and construction at the undergraduate and graduate levels and whose civil engineering program is accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET). Funds identified by the general contractors and subcontractors for building science shall be distributed pro rata among institutions based upon the number of full-time equivalent students enrolled in the department of building science at the institution. Funds identified by the general contractors and subcontractors for civil engineering shall be distributed pro rata among institutions based upon the number of full-time equivalent civil and pre-civil engineering students enrolled at the institution. These funds shall be distributed 30 days after certifications of enrollment packages have been received from all eligible public institutions of higher education.
(b) Revenue derived from the additional fees for all licenses shall be distributed for (1) building science (general construction) purposes and (2) civil engineering (highway engineering or construction, or both) purposes. Contractors shall be given an opportunity to select which program they want to support.
(c) Revenues derived from the additional fees for all licenses that are not specifically designated by contractors for one of the purposes above, shall be distributed between the programs defined in subsection (a) in a pro rata manner based on the number of full-time equivalent students enrolled in each program at each institution.
(d) Each institution receiving funds pursuant to this article for building science purposes shall utilize the funds for research projects relating to the construction industry, for faculty development, for program enhancement, and for continuing education programs related to construction. The funds shall be administered by a committee appointed by the dean responsible for the building science program, and shall include the head of the department of building science, or comparable position, faculty representatives, and representatives of the building science industry advisory committee of the institution.
(e) Each institution receiving funds pursuant to this article for civil engineering purposes shall utilize the funds to enhance activities in the highway engineering or construction area, or both. This includes, but is not limited to, scholarships, fellowships, research, faculty development, and continuing education. Funds received pursuant to this article shall be administered by a committee appointed by the dean of engineering. The committee should undertake, as part of its mission, to work with the public and private sectors of the highway industry to encourage student participation in co-op and summer industry employment programs as well as to lead students toward career employment in the highway industry upon graduation.
(f) Each institution receiving funds pursuant to this article shall provide to the board an annual report on or before January 31 for the preceding fiscal year during which the institution received the funds. This report shall disclose the total amount of funds received by the institution pursuant to this article and shall provide an accurate accounting for the utilization of the funds. The report shall disclose sufficient detail to demonstrate compliance with the utilization specifications prescribed in subsections (d) and (e). Responsibility for the reports shall be retained by the administrative committees formed pursuant to subsections (d) and (e) and the dean appointing the committee.
(g) The board shall retain an amount of five percent of the amount to be distributed pursuant to subsection (a) as a fee for administrative expenses associated with the collection and distribution of the funds.
(h) The provisions of this amendatory section are remedial and curative and shall be retroactive to January 1, 1998.
(Acts 1991, No. 91-473, p. 857, §§1-4; Acts 1993, No. 93-614, p. 1006, §1(11); Acts 1996, No. 96-640, p. 1013, §1; Act 2003-142, p. 441, §3; Act 2011-165, p. 308, §3.)
As used in this article, the following terms have the following meanings:
(1) ALABAMA COMMERCIAL ENERGY CODE. The commercial energy code adopted by the board, and any subsequent amendments, editions, changes, or recompilations thereof.
(2) BOARD. The State Licensing Board for General Contractors.
(3) COMMITTEE. The Alabama Commercial Energy Code Advisory Committee.
(4) DIVISION. The Alabama Commercial Energy Code Division established within the State Licensing Board for General Contractors.
(Act 2024-443, §6.)
(a) The Alabama Commercial Energy Code Division is established within the State Licensing Board for General Contractors.
(b) The division shall be responsible for administering meetings of the committee and advising the board on recommendations made by the committee for adoption of the Alabama Commercial Energy Code.
(c) The executive director of the board may employ staff as necessary to carry out the duties of the division.
(d) The board may apply for funds from federal grant programs and other applicable funding sources authorized by law.
(e) The division and its duties shall expire upon sunset of the board unless expressly reauthorized by the Legislature.
(Act 2024-443, §6.)
(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.
(Act 2024-443, §6.)
(a) The first meeting of the committee shall be called by the executive director of the board as soon as practicable after January 1, 2025. The executive director of the board, or his or her designee, shall preside until a chair and a vice chair are selected by the committee. The committee shall elect annually from its own members a chair, a vice chair, and other officers as it may deem desirable.
(b) The committee shall hold a regular meeting at least once during each calendar year at a time and place designated by the board or specified by the committee. Special or additional meetings may be held upon the call of the chair, a call signed by at least seven members, or the call of the executive director of the board. All meetings of the committee shall be held in accordance with the Alabama Open Meetings Act, Chapter 25A of Title 36.
(c) A majority of the members of the committee shall constitute a quorum at all meetings, and adoption or resolution of any business shall require the concurrence of a majority of all members of the committee.
(d) The committee may establish subcommittees among its membership, as it deems necessary, to assist in the conduct of its business.
(e) The committee may adopt bylaws for the conduct of the meetings, procedures, and execution of the purpose, functions, powers, and duties delegated to it by the board.
(Act 2024-443, §6.)
The committee shall make recommendations to the board with respect to the acceptance, adoption, and implementation of the Alabama Commercial Energy Code. In so doing, the committee may perform any of the following functions:
(1) Propose to the board for consideration of adoption of an Alabama Commercial Energy Code or amendments to the code no less than two years after the date of publication of the most recent version of the code.
(2) Evaluate, assess, advise, and counsel the board or division on the Alabama Commercial Energy Code and the impact of the code upon the economy and the environment.
(3) Solicit and enlist the cooperation of all appropriate private-sector and community-based organizations for input and information to carry out its duties and implement this article.
(4) Make continuing studies, evaluations, and surveys, on its own initiative or upon the request of the board, of the needs and impacts of the Alabama Commercial Energy Code.
(5) Make recommendations to the division for the enactment of additional legislation or rules as it deems necessary.
(6) Work with the State Energy Office to review applicable federal regulations regarding the commercial energy code.
(Act 2024-443, §6.)
(a) By December 31, 2025, the committee shall submit to the board for adoption the proposed Alabama Commercial Energy Code. Thereafter, the committee shall review and propose adoption of the code or amendments to the code no less than two years after the date of publication of the most recent version of the code.
(b) The proposed Alabama Commercial Energy Code, and any amendments, changes, editions, or recompilations thereof, shall be based upon the most recent versions of the International Energy Conservation Code (IECC) or the ANSI/ASHRAE/IES Standard 90.1.
(c) The board shall review the proposed Alabama Commercial Energy Code from the committee and publish the final version of the Alabama Commercial Energy Code.
(Act 2024-443, §6.)
There is hereby created a board to be known as the Alabama Board of Examiners in Counseling composed of seven members, appointed by the Governor of this state within 60 days after July 18, 1979, in the manner and for the term of office as hereinafter provided. The board shall perform such duties and have such powers as this chapter prescribes and confers upon it.
(Acts 1979, No. 79-423, p. 649, §1.)
For the purposes of this chapter, unless the context requires otherwise, the following words and phrases shall have the respective meanings ascribed by this section:
(1) ASSOCIATE LICENSED COUNSELOR. Any person that has been licensed by the board to offer counseling services as defined in this section while under the supervision of a board approved supervisor.
(2) BOARD. The Alabama Board of Examiners in Counseling.
(3) COUNSELING SERVICES. Those acts and behaviors coming within the private practice of counseling.
(4) LICENSED PROFESSIONAL COUNSELOR. Any person who represents to the public by any title or description of services incorporating the words “licensed professional counselor” or “licensed counselor”; and who offers to render professional counseling services in private practice to individuals, groups, organizations, corporations, institutions, government agencies, or the general public in settings of individual or group practice for a fee, salary, or other compensation, implying licensure and training, experience, or expertise in counseling, and who holds a current, valid license to engage in the private practice of counseling, with the exception of those practitioners listed in Section 34-8A-3.
(5) PRIVATE PRACTICE OF COUNSELING. Rendering or offering to render to individuals, groups, organizations, or the general public counseling services, in settings of individual or group practice, for a fee, salary, or other compensation, involving the application of principles, methods, or procedures of the counseling profession which include, but are not restricted to:
a. Counseling. To render evaluation and therapy that includes, but is not limited to, providing individual counseling, family counseling, marital counseling, group therapy, school counseling, play therapy, rehabilitation counseling, art therapy, human growth and development counseling, couples counseling, chemical abuse or dependency counseling, career counseling, and vocational disability counseling. The use of specific methods, techniques, or modalities within the practice of a licensed professional counselor is restricted to counselors appropriately trained in the use of these methods, techniques, or modalities. A licensed professional counselor or associate licensed counselor may diagnose and develop treatment plans but shall not attempt to diagnose, prescribe for, treat, or advise a client with reference to problems or complaints falling outside the boundaries of counseling services.
b. Appraisal activities. Selecting, administering, scoring, and interpreting instruments designed to assess an individual’s aptitudes, attitudes, abilities, achievements, interests, and personal characteristics, but shall not include the use of projective techniques in the assessment of personality.
c. Counseling, guidance, and personnel consulting. Interpreting or reporting upon scientific fact or theory in counseling, guidance, and personnel services to provide assistance in solving some current or potential problems of individuals, groups, or organizations.
d. Referral activities. The evaluating of data to identify problems and to determine advisability of referral to other specialists.
e. Research activities. The designing, conducting, and interpreting of research with human subjects.
(6) PROVISIONAL LICENSE. A one-year, temporary licensure status equal to that of a licensed professional counselor or associate licensed counselor with specified stipulations for establishing substantial equivalency according to subdivision (4) of Section 34-8A-7.
(Acts 1979, No. 79-423, p. 649, §2; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1; Act 2009-587, p. 1724, §1.)
(a) Nothing in this chapter shall be construed to apply to any of the following:
(1) The activities, services, and use of an official title on the part of a person employed as a counselor by any federal, state, county, or municipal agency; public or private educational institution; medical personnel in a clinic or hospital that is certified by the Alabama Department of Public Health or any successor to such department or that is accredited by the Joint Commission on Accreditation of Health Care Organizations or any successor to such commission; law practice; or licensed private employment agencies, provided such persons are performing counseling or counseling-related activities within the scope of their employment.
(2) The activities and services of a student, intern, or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher learning or training institution, if these activities and services constitute a part of the supervised course of study, provided that such person be designated a counselor intern.
(3) The activities and services of a nonresident person rendered not more than 30 days during any year, provided such person is duly authorized to perform such activities and services under the laws of the state or county of his or her residence.
(4) The activities and services of qualified members of other professions, such as physicians, psychologists, psychoanalysts, registered nurses, social workers, or ordained or licensed recognized religious practitioners performing counseling consistent with the laws of the state, their training, and any code of ethics of their professions, provided they do not represent themselves by any title or description in the manner prescribed in Section 34-8A-2. Nothing herein shall prohibit religious counselors performing counseling services without remuneration.
(5) The activities, services, titles, and descriptions of qualified members of the law profession.
(6) The activities, services, titles, and descriptions of persons employed, as professionals or as volunteers, in the practice of counseling for public and private nonprofit organizations or charities.
(b) Nothing in this chapter shall be construed as permitting counselors licensed under this chapter to administer or prescribe drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.
(c) Nothing in this chapter shall be construed as permitting a counselor licensed under this chapter to represent himself or herself in any manner to the public as an attorney as defined by the laws of this state.
(d) Nothing in this chapter shall be construed as permitting a counselor licensed under this chapter to represent himself or herself in any manner to the public as a psychologist as defined by the laws of this state.
(e) Lecturers from any school, college, agency, or training institution may utilize an academic or research title when invited to present lectures to institutions or organizations.
(f) Notwithstanding the exemptions provided in this section, those person who file an application with the board or who are licensed as licensed professional counselors or associate licensed counselors shall comply with the regulations of the board and be subject to the disciplinary provisions of this chapter.
(Acts 1979, No. 79-423, p. 649, §3; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1.)
(a) There is created an Alabama Board of Examiners in Counseling, to consist of seven members who shall be citizens of this state and appointed by the Governor pursuant to the requirements of this section.
(b) Within 30 days from July 18, 1979, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall submit to the Governor a list of qualified candidates for the board. The list shall contain names of at least four citizens from the general public, four qualified counselor educators, and six qualified practicing counselors from which the Governor, within 60 days, shall select the board. The board shall consist of two citizens from the general public, two counselor educators, and three counselors in private practice.
(c) The initial appointments to the board shall be for the following terms: The term of two members is one year, the term of two members is two years, the term of three members is three years.
(d) The professional membership of the board authorized under this section shall be licensed under this chapter, except that the initial professional members shall be members who have been rendering the private practice of counseling services for at least one year, or who have been giving instruction in counseling in a regionally accredited institution of higher learning for at least three years.
(e) The board shall perform those duties and exercise those powers as this chapter prescribes and confers upon it. No member of the board shall be liable to civil action for any act performed in good faith for the performance of his or her duty pursuant to this chapter.
(f) Board members shall be ineligible for reappointment for a period of three years following completion of their terms. Subsequent appointments to the board shall be made by the Governor in the following manner: Not later than October 1, of each year the Executive Committee of the Alabama Counseling Association, or its successor organization, shall submit to the Governor the names of two qualified candidates for the position on the board to be vacated by reason of expiration of term of office. From the two candidates the Governor shall appoint one member not later than January 1, to serve on the board for a term of five years. Every reasonable effort shall be made to insure that one member of the board be a member of a cultural minority. Each board member shall hold office until his or her successor is appointed and assumes office. If the Governor fails to make an appointment by January 1 for a successor to a member whose term has expired, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall select a successor member from among the two qualified candidates nominated to fill the vacancy. Other vacancies occurring in the board shall be filled for the unexpired term by appointment of the Governor from two candidates for each vacancy submitted within 30 days after the vacancy occurs by the Executive Committee of the Alabama Counseling Association, or its successor organization. The appointments shall be made within 45 days after the names of the candidates have been submitted. If the Governor fails to make the appointment within the 45-day period, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall select a replacement member from among the two qualified candidates nominated to fill the unexpired term of a board member. Any board members may be removed by the Governor, after notice and hearing, for incompetence, neglect of duty, malfeasance in office, or moral turpitude. Composition of the board shall always consist of two citizens, two counselor educators, and three counselors in private practice. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. After March 26, 2012, appointments shall be made so that not more than one board member from any congressional district may be appointed to serve at the same time. A college or university shall have only one counselor educator representative as a member of the board at any one time. In addition, no more than one practitioner from the same practice setting or corporation shall be members of the board at any one time.
(g) Immediately and before entering public duties of the office, the members of the board shall take the constitutional oath of office and shall file the oath of office in the office of the Governor, who upon receiving the oath of office shall issue to each member a certificate of appointment. The board shall have available for the Governor or his or her representative detailed reports on proceedings and shall make annual reports in the form as required by the Governor.
(h) The Alabama Board of Examiners in Counseling is subject to the provisions of the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2000, and every four years thereafter, unless a bill is passed that it be continued, modified, or reestablished.
(Acts 1979, No. 79-423, p. 649, §4; Acts 1997, No. 97-154, p. 196, §3; Act 2000-810, p. 1925, §1; Act 2008-175, p. 288, §3; Act 2009-587, p. 1724, §1; Act 2012-107, p. 180, §3.)
(a) The board shall elect annually a chair and a vice chair. Each member shall receive daily compensation as established by the board for each day actively engaged in the duties of the board and the same travel expense allowance as is paid to state employees for travel in the service of the board. At the request of the executive director, a board member may work additional days on behalf of the board. For such activities, the board member shall be compensated at the same daily rate for scheduled board meetings and shall receive the same travel expense allowance as is paid to state employees for travel in the service of the board. The amounts shall in no case exceed funds available to the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any three members of the board. The board shall adopt a seal which shall be affixed to all licenses and certificates issued by the board. The board shall from time to time adopt those rules and regulations as the board may deem necessary for the performance of the duties of the board. The board may appoint and employ a qualified person possessing a high degree of professional skill, not subject to the State Merit System, to serve as executive director. The compensation of the executive director shall be established by the board. Four members of the board shall be empowered to accept grants from foundations and institutions to carry on the functions of the board.
(b) Notwithstanding any other contrary provision of law, the executive director employed by the board may be a practicing licensee of the board.
(Acts 1979, No. 79-423, p. 649, §5; Acts 1997, No. 97-154, p. 196, §3; Act 2004-69, p. 86, §3; Act 2006-566, p. 1314, §1.)
(a) A licensee may request that the board designate his or her license with inactive status at any point prior to the date of renewal. Granting inactive status to a licensee revokes all privileges associated with this chapter until reactivation is requested by the licensee. Procedures for reactivating a license for practice status will be established by the board.
(b) All fees from applicants seeking licensing or certification for private practice under this chapter, and all license, certificate, or renewal fees received under this chapter shall be paid to the board. No part of any fee shall be returnable under any conditions. All fees collected in this manner plus renewal fees and all gifts or grants shall be deposited in the State Treasury to the credit of the board. There is appropriated from the Treasury funds to the credit of the board to be used for printing, travel expenses of the board, and for other necessary expenses as are necessary to carry out the provisions of this chapter. Expenses shall be paid under the written direction of the chair of the board, or designee of the chair of the board, in accordance with normal state procedure.
(c) The board is required to charge an application fee to be determined by the board. In addition to the application fee, the board may establish by rule a reasonable application package fee, supervising counselor approval processing fee, examination fee, provisional licensure fee, licensure reactivation fee, and fee for written verification of licensee status to a third party. The board shall determine and collect additional reasonable fees in amounts determined by the board.
(d) Every licensed professional counselor engaging in private practice in this state is required to pay biennially to the board by August 1 a renewal fee to be determined by the board. The chair thereupon shall issue a document renewing his or her license for a term of two years. The license of any licensed professional counselor who fails to have his or her license renewed biennially by August 1 shall lapse. Failure to renew a license, however, shall not deprive the licensed professional counselor of the right of renewal thereafter. A lapsed license may be renewed within a period of two years after lapse upon payment of fees in arrears, or thereafter, upon payment of a renewal fee as determined by the board. Any licensed professional counselor whose license has lapsed beyond six years must reapply under the current regulations for initial licensure.
(e) An associate licensed counselor engaging in private practice under the supervision of a supervising counselor in this state is required to pay annually to the board by the anniversary of his or her initial license issuance date a renewal fee to be determined by the board. The chair thereupon shall issue a document renewing the license for a term of one year. The license of any associate licensed counselor who fails to have his or her license renewed annually by the anniversary of the initial license issuance date shall lapse. Failure to renew a license, however, shall not deprive the associate licensed counselor of the right of renewal thereafter. A lapsed license may be renewed within a period of one year after lapse upon payment of fees in arrears or thereafter, upon payment of a renewal fee as determined by the board. Any associate licensed counselor whose license has lapsed beyond six years must reapply under the current regulations for initial licensure.
(f) Any provision of law to the contrary notwithstanding, the license of any person licensed as a professional counselor who has allowed his or her license to lapse for 15 years or less, and who has been in a profession for at least eight years where counseling is a part of the daily routine of the profession including, but not limited to, service as a school principal, school vice principal, school psychometrist, or school psychologist, shall be reinstated upon the payment of a fee of five hundred dollars ($500) and the completion of 40 hours of continuing education.
(Acts 1979, No. 79-423, p. 649, §6; Acts 1997, No. 97-154, p. 196, §3; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1; Act 2009-587, p. 1724, §1; Act 2012-107, p. 180, §3.)
The board shall issue a license as a licensed professional counselor to each applicant who files an application upon a form and in a manner as the board prescribes, accompanied by a fee as is required in this chapter, and who furnishes satisfactory evidence of the following to the board:
(1) The applicant is at least 19 years of age.
(2) The applicant is of good moral character.
(3) The applicant is not in violation of any of the provisions of this chapter and the rules and regulations adopted hereunder.
(4) The applicant has received a master’s degree from a regionally accredited institution of higher learning which is primarily professional counseling in content based on national standards, or the substantial equivalent in both subject matter and extent of training. The board shall use the standards of nationally recognized professional counseling associations as guides in establishing the standards for counselor licensure.
(5) The applicant submits documentation of completion of 3,000 hours of supervised experience in professional counseling acceptable to the board. An applicant may subtract 1,000 hours of the required professional experience for every 15 graduate semester hours obtained beyond the master’s degree, provided that those hours are clearly related to the field of professional counseling and are acceptable to the board. In no case may the applicant have less than 1,000 hours of the required professional supervised experience.
(6) The applicant demonstrates competence and knowledge in professional counseling by passing an examination, as the board prescribes. A specialty designation may be added upon demonstration to the board that the applicant has met the recognized minimum standards as established by nationally recognized certification agencies. Upon successful passage of an examination, and upon receipt of credentials from certifying agencies the board may, by a majority of the board members present and voting, consider the credentials adequate evidence of professional competence and recommend to the chair of the board that a license with appropriate specialty designation, if any, be approved. A licensed professional counselor cannot claim or advertise a counseling specialty unless the qualifications of that specialty have been met and have been approved by the board.
(7) The applicant 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.
(Acts 1979, No. 79-423, p. 649, §7; Acts 1997, No. 97-154, p. 196, §3; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1; Act 2008-175, p. 288, §3.)
The board shall issue a license as an associate licensed counselor to each applicant who files an application upon a form and in such manner as the board prescribes accompanied by such fees as are required by this chapter, and who furnishes satisfactory evidence of the following to the board:
(1) The applicant has complied with provisions outlined in subdivisions (1), (2), (3), and (4) of Section 34-8A-7;
(2) The associate licensed counselor may not practice without direct supervision by a licensed professional counselor. The plan for supervision of the associate licensed counselor is to be approved by the board prior to any actual performance of counseling on the part of the associate licensed counselor;
(3) Any associate licensed counselor after meeting the requirements specified in subdivisions (5) and (6) of Section 34-8A-7 may petition the board for licensure as a professional counselor.
(Acts 1979, No. 79-423, p. 649, §8; Act 2006-566, p. 1314, §1.)
After investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for such rejection.
(Acts 1979, No. 79-423, p. 649, §9; Act 2006-566, p. 1314, §1.)
The place of examination shall be designated in advance by the board, and such examination shall be given annually at such time and place and under the supervision as the board may determine, and specifically at such other times as in the opinion of the board the number of applicants warrants.
(Acts 1979, No. 79-423, p. 649, §10.)
The examination shall require that the applicant demonstrate his or her knowledge and application thereof in those areas deemed relevant to his or her specialty and those services he or she intends to offer to the public.
(Acts 1979, No. 79-423, p. 649, §11; Act 2006-566, p. 1314, §1.)
In the event an applicant fails to receive a passing grade on the entire examination, the applicant may register and shall be allowed to take a subsequent examination.
(Acts 1979, No. 79-423, p. 649, §12; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1.)
The board is required to preserve an examination score of each candidate, as part of its records for a period of two years following the date of examination.
(Acts 1979, No. 79-423, p. 649, §13; Act 2006-566, p. 1314, §1.)
(a) Counselors licensed as a licensed professional counselor by the board shall be required to submit biennially at the time of renewal a license renewal fee to be established by the board. No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous 24 months of relevant professional and continued educational experience.
(b) Counselors licensed as an associate licensed counselor by the board shall be required to submit annually at the time of renewal a license renewal fee to be established by the board. No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous 12 months of relevant professional and continued educational experience.
(c) If any professional counselor or counselor associate duly licensed under this chapter, by virtue of additional training and experience, is qualified to practice in a specialty other than that for which he or she was deemed competent at the time of initial licensing, and wishes to offer such service under the provisions of this chapter, he or she is required to submit at the time of biennial renewal of licenses, additional credentials and he or she is to be given the opportunity to demonstrate his or her knowledge and application thereof in areas deemed relevant to his or her specialty. This procedure is considered a necessary part of the renewal process. No charge in addition to the renewal fee is levied.
(Acts 1979, No. 79-423, p. 649, §14; Act 2006-566, p. 1314, §1; Act 2009-587, p. 1724, §1.)
Upon application accompanied by fee the board may issue a license to any person who furnishes upon a form and in such manner as the board prescribes, evidence satisfactory to the board that he or she is licensed as a professional counselor or as a counselor associate by another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico if the requirements for such licensure or certification are substantially equivalent to those of this chapter.
In the event the board determines that requirements are not substantially equivalent to those of this chapter, the board may issue a provisional license. A provisional license may be renewed for an additional one-year period. Rules concerning the qualifications for provisional licensure shall be established by the board.
(Acts 1979, No. 79-423, p. 649, §15; Act 2006-566, p. 1314, §1.)
(a) The board by a majority of the board members present and voting is authorized to withhold, deny, revoke, or suspend, any license or certificate issued or applied for in accordance with this chapter or otherwise discipline a licensed professional counselor or associate licensed counselor upon proof by proper hearing that the applicant, licensed professional counselor, or associate licensed counselor:
(1) Has been convicted, within or without the jurisdiction of this state, of a felony, or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board.
(3) Is using any narcotic or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that it impairs his or her ability to perform the work of a licensed professional counselor or associate licensed counselor with safety to the public.
(4) Has impersonated another person holding a professional counselor license or associate licensed counselor license or allowed another person to use his or her license or certificate.
(5) Has used fraud or deception in applying for a license or certificate or in taking an examination provided for in this chapter.
(6) Has allowed his or her name or license or certificate issued under this chapter to be used in connection with any person or persons who perform counseling services in private practice outside the area of their training, experience, or competence.
(7) Is legally adjudicated mentally incompetent, the record of the adjudication being conclusive evidence thereof.
(8) Has willfully or negligently violated any of the provisions of this chapter or any of the rules and regulations adopted thereunder.
(9) Has been practicing as a counselor without a license.
(b)(1) Notice of denial, revocation, suspension, or disciplinary action is required to be sent by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than 30 days nor more than 60 days from the date of the mailing or service, at which time the applicant, licentiate, or associate shall be given an opportunity for a prompt and fair hearing. The written notice shall be sent to the last known address of the person, but the nonappearance of the person shall not prevent the hearing. The hearing shall be conducted by the board by means of sworn, recorded testimony. Parties have the right to be represented by counsel and to conduct cross-examination of witnesses.
(2) On the basis of any hearing or upon default of applicant, licentiate, or associate, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered mail or served personally upon the applicant, licentiate, or associate. The decision of the board denying, revoking, or suspending the license or certificate shall become final 30 days after so mailed or served unless within that period the applicant, licentiate, or associate appeals the decision to 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 appeal, while pending appropriate court action, shall supersede the denial, revocation, or suspension. All proceedings and evidence, together with exhibits presented at the hearings before the board in the event of appeal, are admissible in evidence in the court.
(3) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for applicant, licentiate, or associate. The order and judgment shall continue in effect unless upon appeal the courts by proper order or decree terminate it earlier. The board may make public its order and judgments in the manner and form as it deems proper.
(4) The board may suspend the license of a licensed professional counselor or of an associate licensed counselor for a period of one year. At the end of this period, the board shall reevaluate the suspension and may recommend to the chair the extension of the suspension not to exceed one additional year, the reinstatement, or revocation of the license. A person whose license has been revoked under this section may apply for reinstatement after a period of not less than three years from the date the denial or revocation is legally effective. The board may, upon favorable action by a majority of the board members present and voting, recommend reinstatement.
(c) In addition to any other disciplinary action, the board may levy and collect administrative fines for violations of this chapter or the rules or regulations of the board in an amount not to exceed one thousand dollars ($1,000) for each violation. In addition to fines, the board may assess all legal costs for the preparation and execution of a disciplinary action against a licensee.
(d) The board may issue written reprimands to licensees as an alternative to a formal hearing before the board. The board shall determine the procedures for a written reprimand that shall authorize the investigative committee and members of the board to deliberate and issue written reprimands. No less than two members of the board, along with the investigative committee, shall participate in deliberations leading to a written reprimand. All other members of the board shall remain available for possible appeal. The written reprimand shall not be published by the board, unless required by law, though a copy of the reprimand will be entered into the permanent file of the licensee for a period of time determined by the investigative committee and the members of the board issuing the reprimand. Licensees wishing to appeal the written reprimand may demand a formal hearing before the board members who were not involved in the original reprimand decision. The result of such an appeal may lead to withdrawal of the reprimand, retention of the reprimand, or imposition of additional penalties on the licensee by the board.
(e)(1) Except as provided in subdivisions (2), (3), and (4), all records, reports, documents, photographs, and information contained in complaint and investigation files shall be confidential, shall not be a public record, and shall not be available for court subpoena or for discovery in civil proceedings.
(2) The board shall release all of the following information to the public regarding complaint files and disciplinary action proceedings:
a. A settlement agreement adopted and ratified by the board that closes a complaint file and represents the board’s final decision in the disciplinary action proceedings.
b. The formal charges or orders to show cause against an associate licensed counselor or a licensed professional counselor filed by the board’s executive director and any amendments thereto.
c. The board’s final decision in disciplinary action proceedings entered after a formal disciplinary action hearing.
(3) Notwithstanding any other provisions of this subsection, all complaint and investigation files shall be available to the Department of Examiners of Public Accounts for the purposes of any audit, examination, or review authorized by law.
(4) A party to any civil or administrative proceeding may discover documents, reports, or other tangible items under Act 2009-587 upon a showing that the party seeking discovery has need of the materials in the preparation of the party’s case and that party is unable without undue hardship and expense to obtain the substantial equivalent of the documents, reports, or other tangible items by other means.
(Acts 1979, No. 79-423, p. 649, §16; Acts 1997, No. 97-154, p. 196, §3; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1; Act 2009-587, p. 1724, §1; Act 2010-545, p. 954, §1.)
When it shall appear to the board that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the board in its discretion and in its own name may bring an action in any court of competent jurisdiction to enjoin such acts or practices, and to enforce compliance with this chapter or any rule or order hereunder, regardless of whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.
(Acts 1979, No. 79-423, p. 649, §17.)
(a) In addition to any other powers and functions which may be conferred upon it by law, the board may issue an order assessing a civil penalty not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) against any person who holds himself or herself out to the public as a licensed professional counselor or associate licensed counselor or who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2, or who shall engage in the private practice of counseling and does not then possess in full force and virtue a valid license to engage in private practice as a licensed professional counselor or associate licensed counselor under this chapter.
(b) In determining the amount of any penalty, the board shall consider the seriousness of the violation, including any threat to the health, safety, or welfare of the public, the unlawful gain or economic benefit gained by the violation, the person’s history of previous violations, and the person’s efforts to mitigate and comply with this chapter.
(c) Civil penalties assessed in an order under this section and not paid within 60 days from the effective date of the order may be recovered in a civil action brought by the board in the Circuit Court of Montgomery County or the county in which the defendant does business.
(d) Judicial review of an order entered by the board under this section shall be conducted in accordance with the pertinent provisions for the judicial review of contested cases as provided under the Alabama Administrative Procedure Act.
(e) The board shall exercise its jurisdiction for disciplinary oversight of licensees during the period of their licensure. The board shall not accept voluntary surrender of a license on the part of a licensee to avoid possible disciplinary actions by the board. Securing inactive status of a license shall not negate jurisdiction of the board for a licensee’s actions during any period of active licensure. If a former licensee or a licensee with inactive status is found to be in violation of the relevant state law or regulations, a public announcement of the decision of the board shall be proffered in a manner to be determined by the board.
(f) The Attorney General shall be the attorney of the board, but the board may employ other counsel.
(Acts 1979, No. 79-423, p. 649, §17; Act 2006-566, p. 1314, §1.)
The Alabama Board of Examiners in Counseling shall have authority to administer oaths, to summon witnesses, to issue subpoenas, and to take testimony in all matters relating to its duties. The board shall be the sole agency in this state empowered to certify concerning competence in the private practice of counseling, and the sole board empowered to license for the private practice of counseling.
(Acts 1979, No. 79-423, p. 649, §17; Act 2006-566, p. 1314, §1.)
The Alabama Board of Examiners in Counseling shall license to engage in private practice all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. Such licensure shall be signed by the Chairman of the Board of Examiners in Counseling under the board’s adopted seal.
(Acts 1979, No. 79-423, p. 649, §17.)
For the purpose of this chapter, the confidential relations and communications between licensed professional counselor or certified counselor associate and client are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
(Acts 1979, No. 79-423, p. 649, §18.)
The Alabama Board of Examiners in Counseling shall adopt a code of ethics to govern appropriate practice or behavior as referred to in Section 34-8A-16 and Section 34-8A-17 and shall file such code with the Secretary of State within 30 days prior to effective date of such code.
(Acts 1979, No. 79-423, p. 649, §19.)
For a period of one year from July 25, 1983, the board shall waive the requirements of subdivisions (5) and (6) of Section 34-8A-7, and shall grant the appropriate license upon payment of the required fee to any person submitting an application for licensure and proof of practice to the board who is qualified by experience to practice counseling, and who was engaged in such private practice of counseling as of July 18, 1979, in Alabama. Proof of private practice shall be verified by a valid business license in force on or before July 18, 1979, and financial documents which clearly indicate that a fee, monetary or otherwise, was charged for counseling services rendered.
The Board of Examiners in Counseling shall be required to provide at least one legal notice of these provisions in the daily newspapers of this state.
(Acts 1979, No. 79-423, p. 649, §22; Acts 1983, No. 83-591, p. 924, §1.)
There shall be no monetary liability on the part of, and no cause of action shall arise against a licensed professional counselor or associate licensed counselor in failing to warn of and protect from a client who has communicated to the licensed professional counselor or associate licensed counselor a serious threat of physical violence against a reasonably identifiable victim or victims. If there is a duty to warn and protect under the limited circumstances specified above, the duty shall be discharged by the licensed professional counselor or associate licensed counselor making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency. No monetary liability and no cause of action may arise against a licensed professional counselor or associate licensed counselor who breaches confidentiality or privileged communication in the discharge of their duty as specified in this chapter.
(Act 2000-810, p. 1925, §2.)
(a) The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states’ ability to protect the public’s health and safety.
(3) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states.
(6) Allow the use of telehealth technology to facilitate increased access to professional counseling services.
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits.
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses.
(9) Eliminate the necessity for licenses in multiple states.
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
(Act 2022-89, §1.)
As used in this compact, the following terms have the following meanings:
(1) ACTIVE DUTY MILITARY. Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
(4) CONTINUING COMPETENCE/EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
(5) COUNSELING COMPACT COMMISSION OR COMMISSION. The national administrative body whose membership consists of all states that have enacted the compact.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION:
a. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
b. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
(7) DATA SYSTEM. A repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice, and adverse action information.
(8) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of licensed professional counseling by the licensee and the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(9) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
(10) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(11) HOME STATE. The member state that is the licensee’s primary state of residence.
(12) IMPAIRED PRACTITIONER. An individual who has a condition or conditions that may impair his or her ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
(13) INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
(14) JURISPRUDENCE REQUIREMENT. If required by a member state, the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.
(15) LICENSED PROFESSIONAL COUNSELOR. A counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
(16) LICENSEE. An individual who currently holds an authorization from the state to practice as a licensed professional counselor.
(17) LICENSING BOARD. The agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
(18) MEMBER STATE. A state that has enacted the compact.
(19) PRIVILEGE TO PRACTICE. A legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
(20) PROFESSIONAL COUNSELING. The assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
(21) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
(22) RULE. A regulation adopted by the commission that has the force of law.
(23) SINGLE STATE LICENSE. A licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(24) STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of professional counseling.
(25) TELEHEALTH. The application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(26) UNENCUMBERED LICENSE. A license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
(Act 2022-89, §2.)
(a) To participate in the compact, a state must currently:
(1) License and regulate licensed professional counselors;
(2) Require licensees to pass a nationally recognized exam approved by the commission;
(3) Require licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work, including the following topic areas:
a. Professional counseling orientation and ethical practice.
b. Social and cultural diversity.
c. Human growth and development.
d. Career development.
e. Counseling and helping relationships.
f. Group counseling and group work.
g. Diagnosis and treatment; assessment and testing.
h. Research and program evaluation.
i. Other areas as determined by the commission.
(4) Require licensees to complete a supervised postgraduate professional experience as defined by the commission; and
(5) Have a mechanism in place for receiving and investigating complaints about licensees.
(b) A Member State shall:
(1) Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules;
(2) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(3) Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the FBI and the agency responsible for retaining that state’s criminal records;
a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the FBI record search and shall use the results in making licensure decisions.
b. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the FBI relating to a federal criminal records check performed by a member state under Public Law 92-544.
(4) Comply with the rules of the commission;
(5) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(6) Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules; and
(7) Provide for the attendance of the state’s commissioner to the counseling compact commission meetings.
(c) Member states may charge a fee for granting the privilege to practice.
(d) Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(f) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
(Act 2022-89, §3.)
(a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) Have a valid United States Social Security number or national practitioner identifier;
(3) Be eligible for a privilege to practice in any member state in accordance with subsections (d), (g), and (h);
(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two years;
(5) Notify the commission that the licensee is seeking the privilege to practice within a remote state or states;
(6) Pay any applicable fees, including any state fee, for the privilege to practice;
(7) Meet any continuing competence/education requirements established by the home state;
(8) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a privilege to practice; and
(9) Report to the commission any adverse action, encumbrance, or restriction on the license taken by any non-member state within 30 days from the date the action is taken.
(b) The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the privilege to practice in the remote state.
(c) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
(d) A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its residents. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:
(1) The home state license is no longer encumbered; and
(2) The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a privilege to practice in any remote state.
(g) If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:
(1) The specific period of time for which the privilege to practice was removed has ended;
(2) All fines have been paid; and
(3) The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) to obtain a privilege to practice in a remote state.
(Act 2022-89, §4.)
(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in Section 34-8A-53 via the data system, without need for primary source verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
b. Other criminal background check as required by the new home state; and
c. Completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in Section 34-8A-53, the new home state may apply its requirements for issuing a new single state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes 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, the state criteria shall apply for issuance of a single state license in the new 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 license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(Act 2022-89, §5.)
Active duty military personnel, or their spouses, 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. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state, or through the process outlined in Section 34-8A-54.
(Act 2022-89, §6.)
(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 34-8A-52 and under rules adopted by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules adopted by the commission.
(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
(Act 2022-89, §7.)
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state;
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and
(3) Only the home state shall have the power to take adverse action against a licensed professional counselor’s license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.
(e) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(f) Joint Investigations:
(1) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
(Act 2022-89, §8.)
(a) The compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
(2) The delegate shall be either:
a. A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or
b. An administrator of the licensing board.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the commission within 60 days.
(5) Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(8) The commission shall by rule establish a term of office for delegates and may by rule establish term limits.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission;
(2) Establish bylaws;
(3) Maintain its financial records in accordance with the bylaws;
(4) Meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(5) Adopt rules which shall be binding to the extent and in the manner provided for in the compact;
(6) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;
(7) Purchase and maintain insurance and bonds;
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(13) Establish a budget and make expenditures;
(14) Borrow money;
(15) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(16) Provide and receive information from, and cooperate with, law enforcement agencies;
(17) Establish and elect an executive committee; and
(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of professional counseling licensure and practice.
(d) The Executive Committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of up to 11 members:
a. Seven voting members who are elected by the commission from the current membership of the commission; and
b. Up to four ex-officio, nonvoting members from four recognized national professional counselor organizations.
c. The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fees charged to licensees for the privilege to practice;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
(e) Meetings of the commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-8A-60.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the Commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expense of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit, liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(Act 2022-89, §9.)
(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) 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 or privilege to practice;
(4) Non-confidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason or reasons for the denial;
(6) Current significant investigative information; and
(7) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
(Act 2022-89, §10.)
(a) The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the 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 commission shall be invalid and have no force or effect.
(b) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(c) If a majority of the Legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(e) 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 will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) On the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will 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; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and submit any written comments.
(g) Prior to 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.
(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) A state or federal governmental subdivision or agency; or
(3) An association having at least 25 members.
(i) 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 via 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 will be recorded. A copy of the recording will be made available on request.
(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.
(j) 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.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
(l) 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.
(m) 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 the 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 provision, an emergency rule is one that must be adopted immediately in order to:
(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; or
(4) Protect public health and safety.
(n) 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 revision shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(Act 2022-89, §11.)
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules adopted hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission shall be entitled to receive service of process in any proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, Technical Assistance, and Termination.
If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall:
(1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the Governor, the majority and minority leaders of the defaulting state’s Legislature, and each of the member states.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(g) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(h) Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(i) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
(Act 2022-89, §12.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2022-89, §13.)
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2022-89, §14.)
(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws properly adopted by the commission, are binding upon the member states.
(e) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the Legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(Act 2022-89, §15.)
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.
(Act 2022-89, §16.)
For the purposes of this article, the following terms have the following meanings:
(1) IMPAIRED. An inability to practice counseling with reasonable skill and safety to clients 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.
(2) LICENSEE. A licensed professional counselor or associate licensed counselor as defined in Section 34-8A-2.
(Act 2023-473, §1.)
(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.
(Act 2023-473, §1.)
The Alabama Licensed Counselor Wellness Program is created to develop, maintain, and make available treatment programs for all licensees who voluntary seek medical intervention, treatment, and rehabilitation for an impairment. The program shall operate under the direction of the Alabama Licensed Counselor Wellness Committee.
(Act 2023-473, §1.)
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.
(Act 2023-473, §1.)
(a) The wellness program is a confidential non-punitive alternative to disciplinary sanction for an impaired licensee who voluntarily seeks medical intervention, evaluation, treatment, counseling, or rehabilitation for his or her impairment.
(b)(1) A licensee who does all of the following may not be reported by the Alabama Licensed Counselor Wellness Committee to the board for violating Section 34-8A-24:
a. Voluntarily commits to the committee for treatment of an impairment.
b. Successfully completes the recommended course of treatment and therapy.
c. Abides by the terms and conditions of any recommended aftercare agreements for the period of time specified.
d. Continues the private practice of counseling with reasonable skill and safety and free from impairment.
(2) A licensee who completes treatment or rehabilitation, or both, and aftercare as recommended by the committee shall truthfully respond to all inquiries by employers, state or federal licensing or regulatory agencies, credentialing bodies, courts, malpractice insurance carriers, and specialty boards concerning his or her treatment, rehabilitation, and aftercare, and the committee shall advocate on behalf of and provide support for the licensee before those entities.
(3) A licensee who knows or has reason to know that another licensee is impaired, shall report that information to the committee. A report to the committee shall be deemed to be a report to the board for the purpose of mandatory reporting requirements.
(4) If the board has reasonable cause to believe that a licensee is impaired, the board may order an evaluation of the licensee by an appropriate medical professional to determine if an impairment exists. The committee shall report its findings to the board.
(5) If the board, as a result of an investigation or an evaluation, finds that a licensee may be impaired, the board may administratively report that finding to the committee and request that the licensee be evaluated by an appropriate medical professional. The board shall provide information to the committee as necessary to perform an intervention and evaluation. The committee shall report its findings and recommendations to the board and provide follow-up reports upon request of the board.
(6) The committee shall report to the board the name of any licensee who the committee believes may be impaired and who also satisfies any of the following:
a. Has failed or refused to follow the recommendations of the committee for evaluation, treatment, or rehabilitation.
b. Has discontinued an evaluation, treatment, or rehabilitation against medical advice.
c. Has failed to abide by the terms and conditions of an aftercare agreement with the committee.
d. Whose continuation in practice, in the opinion of the committee, constitutes a threat to the safety of his or her clients or to the public.
(7) Any report to the board made by the committee pursuant to this section may include reports, evaluations, treatment records, medical records, documents, or other information relevant to the licensee, unless specifically prohibited by federal law, and notwithstanding any state law that provides the reports, evaluations, treatment records, medical records, documents, or other information are confidential or privileged. All reports, evaluations, treatment records, medical records, documents, or other information received by the board in a committee report submitted pursuant to this subsection is privileged and confidential and shall not be a public record nor available for court subpoena or for discovery proceedings, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial. Such information may be used by the board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the board. Records otherwise available from original sources may not be construed as immune from discovery or use in any civil proceeding merely because the records were presented during a proceeding of the committee.
(8) A licensee may be disciplined or sanctioned by the board with a voluntary or involuntary restriction on his or her license to practice counseling, which requires the licensee to enter into and comply with an aftercare agreement proposed by the committee. The committee shall report to the board any violation or deviation by the licensee of the terms and conditions of his or her aftercare agreement.
(Act 2023-473, §1.)
(a) All information, interviews, reports, statements, memorandum, or other documents furnished to or produced by the Alabama Licensed Counselor Wellness Committee and any findings, conclusions, interventions, treatment, or rehabilitation, and related actions of the committee are privileged and confidential and not subject to subpoena or discovery, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial.
(b) All records and proceedings of the committee are confidential and may only be used by the committee and the members of the committee for the specific purposes of the committee.
(c) The committee may only disclose wellness, treatment, or disciplinary information relating to an impaired licensee in the following circumstances:
(1) When essential to further the intervention, treatment, counseling, or rehabilitation needs of the licensee, and then only to those individuals or entities with a need to know.
(2) When the release is authorized in writing by the licensee.
(3) When the committee is required to make a report to the board.
(4) When ordered by a court after an in camera review that the evidence of an impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the evidence is substantially more probative than prejudicial.
(Act 2023-473, §1.)
Any licensee appointed to serve as a member of the Alabama Licensed Counselor Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this article, engaging in the performance of any functions or duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed while acting within the scope of his or her duties as a committee member. Any nonprofit corporation or medical professional association or state or county medical association that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed while acting within the scope of his or her duties as a committee member.
(Act 2023-473, §1.)
The Legislature hereby finds and declares that it is the policy of the state to promote the skill, art, and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This chapter is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing, and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial, and prompt operation of the judicial system of the State of Alabama.
(Act 2006-200, p. 289, §1.)
As used in this chapter, the following terms shall have the following meanings:
(1) ACRA. The Alabama Court Reporters Association.
(2) BOARD. The Alabama Board of Court Reporting.
(3) CERTIFIED COURT REPORTER (C.C.R.). Any person licensed pursuant to this chapter to practice verbatim reporting.
(4) CERTIFIED SHORTHAND REPORTER (C.S.R.). A designation of certification given by the Alabama Court Reporters Association for its certified members.
(5) COURT REPORTER. Any person who is engaged in the practice of court reporting as a profession, including persons who actually report judicial proceedings in courts and persons who make verbatim records.
(6) COURT REPORTING. The making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer, or by other means of personal verbatim reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or by any board, commission, or other body, or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record.
(7) CVR. Certified verbatim reporter.
(8) FISCAL YEAR. October 1 through September 30.
(9) FUND. The Alabama Board of Court Reporting Fund.
(10) NCRA. The National Court Reporters Association.
(11) NVRA. The National Verbatim Reporters Association.
(12) RPR. Registered professional reporter.
(13) SECRETARY. A person selected by the board to serve as secretary of the board.
(Act 2006-200, p. 289, §2.)
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.
(Act 2006-200, p. 289, §3.)
(a) There is created the Alabama Board of Court Reporting. The board shall be operative within 60 days of June 1, 2006. ACRA shall provide administrative support to the board until such time as the board employs sufficient employees to implement and administer this chapter.
(b) The board shall consist of seven members as follows:
(1) Four court reporters certified by ABCR, NCRA, NVRA, or by the board, two of whom shall be employed in official capacities and two of whom shall be employed in a freelance setting.
(2) Two members in good standing with the Alabama State Bar Association.
(3) One additional member.
(c) Appointments to the board shall be made as follows:
(1) The Governor shall appoint one official court reporter, one freelance court reporter, and one member of the Alabama State Bar Association. ACRA, NCRA, NVRA, and the Alabama State Bar Association shall respectively submit a list of three names for each appointment to the Governor for consideration.
(2) The Lieutenant Governor shall appoint one member of the Alabama State Bar Association from a list of three names submitted by the Alabama State Bar Association.
(3) The President Pro Tempore of the Senate shall appoint one member who is an official court reporter from a list of three names submitted by ACRA.
(4) The Speaker of the House of Representatives shall appoint one member who is a freelance court reporter from a list of three names submitted by ACRA.
(5) The Chief Justice of the Alabama Supreme Court shall appoint one member from a list of three names submitted by the Administrative Office of Courts.
(d) All members of the board shall be citizens of the United States and the State of Alabama. The lists of names shall be submitted by the designated organizations on or before June 1, 2006. The initial terms shall begin January 1, 2007, and all appointments shall be made prior to January 1 of every year.
(e) The initial members shall serve the following terms as designated by the Governor:
(1) Three members shall serve for two years.
(2) Two members shall serve for three years.
(3) Two members shall serve for four years.
(f) Subsequent terms of office shall be for four years. No member shall serve more than two consecutive terms. In the event of a vacancy, the appointing authority for the position shall fill the vacancy. Each member shall serve until his or her successor is duly appointed and qualified.
(g) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session to what extent the board has complied with the diversity provisions provided for in this subsection.
(h) At its first meeting each calendar year, the board shall elect a chair, vice chair, and secretary from its membership. No member shall be elected to serve more than two consecutive years in the same office.
(i) After the initial appointments have been made, the board shall meet by January 2007, for the purpose of organizing and transacting business. Thereafter, the board shall meet not less than twice annually and as frequently as deemed necessary by the chair or a majority of the members. The board shall meet at such time and place as designated by the board. A quorum shall consist of four members.
(j) Board members shall receive the same travel expenses and per diem as state employees pursuant to Article 2, commencing with Section 36-7-20, Chapter 7, Title 36. The expenses shall be paid out of the funds of the board. Reimbursement shall not be made if funds are insufficient.
(Act 2006-200, p. 289, §4; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)
The board shall have all of the following duties and responsibilities:
(1) Act on matters concerning competency licensure only and the process of granting, suspending, reinstating, and revoking a license.
(2) Establish a procedure for the investigation of complaints against licensed court reporters and for the conduct of hearings in which complaints are heard.
(3) Set a fee schedule for granting licenses and renewals of licenses subject to the Alabama Administrative Procedure Act.
(4) Maintain a current register of licensed court reporters and a current register of temporarily licensed court reporters. Registers shall be matters of public record.
(5) Maintain a complete record of all proceedings of the board.
(6) Adopt continuing education requirements no later than October 1, 2007. Requirements shall be implemented no later than January 1, 2008, and shall include all courses approved by the Alabama State Bar for continuing legal education.
(7) Determine the content of and administer examinations to be given to applicants for licensure as certified court reporters and issue numbered licenses to applicants found qualified.
(8) Maintain records of its proceedings and a register of all persons licensed by the board which shall be a public record and open to inspection.
(Act 2006-200, p. 289, §5; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)
(a) All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within 90 days of such conduct and a copy shall be provided to the licensed court reporter within five business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint shall receive actual notice. After investigation of the charges, the board shall conduct a hearing at which time it may dismiss the charges, may impose a fine not to exceed one thousand dollars ($1,000), or may revoke or suspend the license of the licensee.
(b) The licensee may appeal a decision of the board imposing an administrative fine or revoking or suspending a license by submitting a request to the board for reconsideration within 90 days following the decision of the board. If no resolution is achieved, further appeals shall be submitted to the circuit court in the jurisdiction of the residence of the licensee. Any licensee whose application for licensure or for renewal of licensure was denied, or whose license was revoked, may reapply after 12 months have elapsed. The board may then reissue a license or rescind any disciplinary action if a majority of the members vote in favor of the action.
(Act 2006-200, p. 289, §6.)
The board shall promulgate rules necessary to implement and administer this chapter. The rules shall be adopted pursuant to the Alabama Administrative Procedure Act. The rules shall be published in the standards of professional practice and made available to all licensees.
(Act 2006-200, p. 289, §7.)
After January 1, 2007, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, or who knowingly presents or files false information with the board for the purpose of obtaining a license or who violates this chapter shall be guilty of a Class C misdemeanor. A person who is not licensed may not bring or maintain an action to recover fees for court reporting services that he or she performed in violation of this chapter. Whenever it appears to the board that any court reporter has violated this chapter, the board may, in its own name, petition the circuit court of the county in which the violation occurred to enjoin the violation.
(Act 2006-200, p. 289, §8; Act 2010-554, p. 1120, §3.)
(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.
(Act 2006-200, p. 289, §9; Act 2010-554, p. 1120, §3.)
(a) To be licensed as a court reporter, an applicant shall be a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall pass the Written Knowledge Examination administered by the board, ACRA, NCRA, or NVRA, and shall pass an Alabama skills examination or provide documentation of having passed the NCRA Registered Professional Reporter Examination or NVRA CVR Examination. The board shall examine or establish, or both, examination and testing procedures to enable the board to ascertain the competency of applicants for licensure. Each such skills examination shall be given at least twice each calendar year. Applications for licensure shall be signed and sworn by the applicants and submitted on forms furnished by the board. An applicant who furnishes the board with satisfactory proof of graduation from a court reporting program or its equivalent shall, upon payment of a reasonable fee in an amount determined by the board, be examined by the board. All applicants who are found qualified to engage in the practice of court reporting pursuant to this chapter shall be issued a license as a certified court reporter and an identifying number. The license shall be valid until September 30th of the year of its issuance.
(b) No certified court reporter may authorize the use of his or her license number on any transcript not produced through his or her personal effort or supervision, or both. Violation of this subsection may be grounds for license suspension or revocation.
(c) The board shall approve at least two reporter examinations each year and may hold such additional examinations as are necessary. The secretary shall give public notice of the time and place of each examination at least 120 days prior to the date set for the examination. Any person desiring to take the examination shall file his or her application with the board at least 30 days prior to the date of the examination. The preparation, administration, and grading of the examination shall be governed by the rules prescribed by the board, but the board may engage ACRA to conduct the examination under the supervision of the board. Upon determining the results of the examination, the board shall notify each applicant as to whether the applicant has passed the examination. Notification shall be by written notice mailed to the applicant by certified mail to the applicant’s address as indicated on the application.
(Act 2006-200, p. 289, §10; Act 2008-131, p. 189, §3; Act 2012-493, p. 1438, §1.)
(a) The board shall enter into reciprocal agreements with any state, agency, or other entity that licenses, certifies, or registers court reporters (NCRA or NVRA, or both) if the board finds that the state, agency, or other entity has substantially the same or more stringent requirements than the board.
(b) The reciprocity agreement shall provide that the board shall license a person who is currently licensed, certified, or registered in another state or by another agency or other entity if that state, agency, or other entity agrees to license, certify, or register any licensees licensed pursuant to this chapter.
(c) Nonresident court reporters desiring to make a verbatim record of any testimony of a proceeding, the jurisdiction of which is within the courts of Alabama or where appeal to any court of Alabama is allowable by law, shall make annual application for a nonresident license. The applicant shall make application on the same forms as required of other applicants, shall pay a fee in an amount determined by the board, and shall present proof that the applicant is a competent licensed court reporter in another state. The board shall issue a nonresident license upon the finding that the applicant is a competent licensed court reporter in another state. The license shall be valid for a period not to exceed one year from the date of issuance. A nonresident court reporter shall reapply for licensure annually. An annual fee in an amount determined by the board shall be required.
(d) The board shall establish the fees appropriate in processing reciprocal licensing.
(Act 2006-200, p. 289, §11.)
The annual fees for licensure pursuant to this chapter shall be established by the board and shall cover a 12-month period beginning October 1 of each year. All fees collected by the board shall be paid into the State Treasury to the credit of the Board of Court Reporting Fund which is hereby created. Moneys in the fund shall be subject to withdrawal only upon warrant of the state Comptroller to be issued upon certification of the secretary. Any funds remaining in the fund at the end of each fiscal year in excess of two hundred fifty thousand dollars ($250,000), shall be available to the board to provide for the education and training of court reporters. At all times the board shall retain a sum not in excess of two hundred fifty thousand dollars ($250,000), to meet any emergency which may affect the efficient operation of the board. No funds shall be withdrawn or expended except as budgeted and allocated pursuant to this chapter and only in amounts as stipulated in the general appropriations bill or other appropriations bills.
(Act 2006-200, p. 289, §12.)
Each person licensed pursuant to this chapter shall apply for renewal of his or her license pursuant to dates established by the board. A renewal fee in an amount determined by the board shall be paid and thereupon the board shall issue a numbered license establishing that the holder is entitled to practice court reporting for the period determined by the board. The board shall require specific continuing education as a condition for license renewal. The board may provide for the late renewal of a license which has lapsed and may require the payment of a late fee or an examination, or both, prior to issuing a renewal license. Licensees shall notify the board in writing of any change of address within 30 days of the change.
(Act 2006-200, p. 289, §13.)
(a) Any person who is engaged in the practice of court reporting on June 1, 2006, and who provides to the board an affidavit setting forth his or her past education and work experience as a court reporter and an affidavit of a judge for whom he or she has worked as an official court reporter or three licensed attorneys, unrelated by blood or marriage to the person and who have utilized the services of the court reporter, which attests to the court reporter’s proficiency in court reporting, upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter. The deadline for receiving applications for grandfathering is December 31, 2012.
(b) Any member in good standing of ACRA licensed as a certified shorthand reporter on June 1, 2006, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this chapter and thereby may practice as a court reporter.
(c) Members of ACRA who hold the certified shorthand reporter certification and do not apply for certification within one year of June 1, 2006, shall be required to take the certified court reporter examination in order to become a certified court reporter.
(Act 2006-200, p. 289, §14; Act 2012-493, p. 1438, §1.)
(a) Commencing on August 1, 2012, any person who is a graduate of a court reporting program may receive a temporary license to practice as a court reporter from the board. Application for the temporary graduate license shall be made to the board, on forms approved by the board, and the payment of a fee in an amount determined by the board. The temporary license shall be valid for 18 months from the date of issuance.
(b) In the event that a temporary license expires without the temporary licensee having passed the examination for full licensure, court reporting services by the temporary licensee shall cease and desist immediately upon the expiration of the temporary license, and the board may not be held liable for lost income to the temporary licensee or to the court reporting firm.
(Act 2006-200, p. 289, §15; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)
The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting.
(Act 2006-200, p. 289, §16.)
All moneys collected pursuant to this chapter shall be deposited into the Board of Court Reporting Fund. All expenses incurred by the board in implementing and administering this chapter shall be paid out of the fund provided that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees which shall be deposited into the fund:
(1) An application fee for any temporary or regular license.
(2) An examination fee.
(3) A renewal fee for any temporary or regular license.
(4) A reinstatement fee for any application for reinstatement of a temporary or regular license which has been placed on inactive status, revoked or suspended.
(5) A fee for the renewal of a license after the due date which shall be increased 20 percent for each month or fraction thereof that payment is delayed, unless the delay is caused by conditions resulting from additional requirements imposed by the board. Notwithstanding the foregoing, delinquency of more than 60 days shall result in revocation of licensure.
(6) A change of information fee.
(7) Necessary administrative fees including, but not limited to, reasonable costs for copying, labels, and lists.
(Act 2006-200, p. 289, §17; Act 2012-493, p. 1438, §1.)
The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16, inclusive. The board is subject to the provisions of the Alabama Sunset Law of 1981. The board shall automatically terminate on September 30, 2008, and every four years thereafter, unless a bill is passed that the board be continued, modified, or reestablished.
(Act 2006-200, p. 289, §18.)
For the purposes of this chapter, the following terms have the respective meanings ascribed by this section:
(1) ADMINISTER. When used in reference to a controlled substance, the direct application of a controlled substance to the body of a patient by a dentist by injection, inhalation, ingestion, or other means.
(2) ANNUAL REGISTRATION. The documentary evidence that the board has renewed the authority of the licensee to practice dentistry or dental hygiene in this state.
(3) BOARD. The Board of Dental Examiners of Alabama.
(4) COMMERCIAL DENTAL LABORATORY. A technician or group of technicians available to any or all licensed dentists for construction or repair of dental appliances.
(5) DISPENSE. When used in reference to a controlled substance, the delivery of a controlled substance to a patient by a dentist, including the prescribing and administering of a controlled substance.
(6) GENERAL ANESTHESIA. A controlled state of unconsciousness, accompanied by a partial or complete loss of protective reflexes, including inability to independently maintain an airway and respond purposefully to physical stimulation or verbal command, produced by a pharmacologic method.
(7) INFILTRATION ANESTHESIA. A form of local anesthesia wherein the terminal or peripheral sensory portion of either the maxillary or mandibular branch of the trigeminal nerve endings are anesthetized by injecting a solution submucosally into an intra-oral circumscribed area for the relief or prevention of pain.
(8) LICENSE. The grant of authority by the board to an individual to engage in the practice of dentistry or dental hygiene.
(9) LICENSE CERTIFICATE. The documentary evidence under seal of the board that the board has granted authority to the licensee to practice dentistry or dental hygiene in this state.
(10) LICENSED DENTIST. A dentist who holds a current license certificate from the board.
(11) LICENSED HYGIENIST. A hygienist who holds a current license certificate from the board.
(12) LOCAL ANESTHESIA. The elimination of sensations, especially pain in one part of the body by topical application or regional injection of a drug.
(13) PATIENT ABANDONMENT. The termination of dental treatment without giving the patient adequate notice of at least 15 days before the termination of dental treatment. Adequate notice includes informing the patient of the availability of emergency treatment and providing the patient with an opportunity to obtain the services of another dentist during the notice period. Abandonment may also occur if the dentist jeopardizes the health of the patient during the termination process.
(14) PRACTICE OF DENTISTRY ACROSS STATE LINES.
a. The practice of dentistry as defined in Section 34-9-6 as it applies to the following:
The rendering of a written or otherwise documented professional opinion concerning the diagnosis or treatment of a patient located within this state by a dentist located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to the dentist or his or her agent.
The rendering of treatment to a patient located within this state by a dentist located outside this state as a result of transmission of individual patient data by electronic or other means from this state to the dentist or his or her agent.
The holding of himself or herself out as qualified to practice dentistry, or the use of any title, word, or abbreviation to indicate or induce others to believe that he or she is licensed to practice dentistry across state lines.
b. This definition is not intended to include an informal consultation between a licensed dentist located in this state and a dentist located outside this state, provided that the consultation is conducted without compensation or the expectation of compensation to either dentist, and does not result in the formal rendering of a written or otherwise documented professional opinion concerning the diagnosis or treatment of a patient by the dentist located outside the state.
(15) PRIVATE TECHNICIAN. A technician employed by a dentist or group of dentists for a specified salary.
(16) SEDATION. A depressed level of consciousness that retains the patient’s ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command, produced by a pharmacologic method.
(Acts 1959, No. 100, p. 569, §34; Acts 1985, No. 85-697, §1; Act 99-402, p. 669, §1; Act 2009-18, p. 43, §3; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2023-362, §1.)
(a) The Legislature hereby declares that the practice of dentistry and the practice of dental hygiene affect the public health, safety, and welfare and should be subject to regulation. It is further declared to be a matter of public interest and concern that the dental profession merit and receive the confidence of the public and that only qualified dentists be permitted to practice dentistry and only qualified dental hygienists be permitted to practice dental hygiene in the State of Alabama. All provisions of this chapter relating to the practice of dentistry and dental hygiene shall be liberally construed to carry out these objects and purposes.
(b) The Legislature also finds and declares that, because of technological advances and changing practice patterns, the practice of dentistry and the practice of dental hygiene is occurring with increasing frequency across state lines and that the technological advances in the practice of dentistry and in the practice of dental hygiene are in the public interest.
(c) The Legislature further finds and declares that the practice of dentistry and the practice of dental hygiene are each a privilege. The licensure by this state of nonresident dentists who engage in dental practice and persons who engage in the practice of dental hygiene within this state are within the public interest. The ability to discipline the nonresident dentists and dental hygienists who engage in dental practice in this state is necessary for the protection of the citizens of this state and for the public interest, health, welfare, and safety.
(Acts 1959, No. 100, p. 569, §1; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1.)
It shall be unlawful for any person to practice dentistry in the State of Alabama except the following:
(1) Those who are now duly licensed or permitted dentists, pursuant to law.
(2) Those who may be hereafter duly licensed or permitted and who are currently registered as dentists, pursuant to this chapter.
(3) Those nonresident dentists who have been issued a special purpose license to practice dentistry across state lines in accordance with Section 34-9-10. This subdivision shall not apply to those dentists who hold a full, unrestricted, and current license or permit issued pursuant to Section 34-9-8 or Section 34-9-10.
(Acts 1959, No. 100, p. 569, §7; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1.)
It shall be unlawful for any person to practice dental hygiene in the State of Alabama, except:
(1) Those who are now licensed dental hygienists pursuant to law; and
(2) Those who may hereafter be duly licensed and who are currently registered as dental hygienists pursuant to this chapter.
(Acts 1959, No. 100, p. 569, §8; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
Any individual who engages in the practice of dentistry in this state within the meaning of this chapter without having first obtained from the board a license to practice dentistry shall be guilty of a Class C felony and shall be punished as prescribed by law.
(Acts 1959, No. 100, p. 569, §9; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)
Any person shall be deemed to be practicing dentistry who does any of the following:
(1) Performs, or attempts or professes to perform, any dental operation or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid, directly or indirectly, to himself or herself, or to any person in his or her behalf, or to any agency which is a proprietor of a place where dental operations or dental services are performed.
(2) Directly or indirectly, by any means or method, makes impression of the human tooth, teeth, jaws, or adjacent tissue, or performs any phase of any operation incident to the replacement of a tooth or any part thereof.
(3) Supplies artificial substitutes for the natural teeth, and who furnishes, supplies, constructs, reproduces, or repairs any prosthesis (fixed or removable), appliance, or any other structure to be worn in the human mouth.
(4) Places such appliance or structure in the human mouth, or adjusts, attempts, or professes to adjust the same, or delivers the same to any person other than the dentist upon whose prescription the work was performed.
(5) Professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthesis (fixed or removable), appliance, or other structure to be worn in the human mouth, or who diagnoses, or professes to diagnose, prescribe for, professes to prescribe for, treats or professes to treat disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure, or who extracts or attempts to extract human teeth, or removes tumors, abnormal growths, or other lesions from the human gums, jaws, and adjacent structures, or who operates for cleft lip or palate, or both; or who treats surgically or mechanically fractures of the human jaw; or who administers local or general anesthetics in the treatment of any dental lesion.
(6) Repairs or fills cavities in the human teeth.
(7) Uses a roentgen, radiograph, or digital imaging machine for the purpose of making dental roentgenograms, radiographs, or digital images, or who gives, or professes to give, interpretations or readings of dental roentgenograms, radiographs, or digital images, or radiographic or roentgen therapy.
(8) Administers an anesthetic of any nature in connection with a dental procedure.
(9) Uses the words “dentist,” “dental surgeon,” “oral surgeon,” or the letters “D.D.S.,” “D.M.D.” or any other words, letters, title, or descriptive matter which in any way represents him or her as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the teeth or jaws, or adjacent structures.
(10) States, or professes, or permits to be stated or professed by any means or method whatsoever that he or she can perform or will attempt to perform dental procedures, or render a diagnosis connected therewith.
(11) Performs any clinical operation included in the curricula of recognized dental colleges; provided, that members of the faculty, teachers, instructors, fellows, interns, residents, dental students, and student dental hygienists who are employed by or who are taking courses or instructions at the University of Alabama School of Dentistry or such other dental colleges, hospitals, or institutions in Alabama, as may be approved by the board; and provided, that the work of fellows, interns, residents, dental students, and student dental hygienists is performed within the facilities of such dental colleges, hospitals, and institutions under the supervision of an instructor and as an adjunct to his or her course of study or training, shall not be required to take examination or obtain a license certificate and renewal license certificate when all of such work, dental procedures, and activities are confined to his or her work in the college, hospital, or other institution and the work is done without remuneration other than the regular salary or compensation paid by such colleges, hospitals, or other institutions.
(12) Professes to the public by any method to bleach human teeth, performs bleaching of the human teeth alone or within his or her business, or instructs the public within his or her business, or through any agent or employee of his or her business, in the use of any tooth bleaching product.
(Acts 1959, No. 100, p. 569, §10; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a) For purposes of this section, the following words have the following meanings:
(1) DENTAL HOME. The dental home is the ongoing relationship between the dentist and the patient, inclusive of all aspects of oral health care, delivered in a comprehensive, continuously accessible, coordinated, and family-centered way.
(2) MOBILE DENTAL FACILITY. Any self-contained facility in which dentistry or dental hygiene is practiced which may be moved, towed, or transported from one location to another.
(3) OPERATOR. A person licensed to practice dentistry in this state or an entity which is approved as tax exempt under Section 501(c)(3) of the Internal Revenue Code which employs dentists licensed in the state to operate a mobile dental facility or portable dental operation.
(4) PORTABLE DENTAL OPERATION. The use of portable dental delivery equipment which is set up on site to provide dental services outside of a mobile dental facility or a dental office and uses non-fixed dental equipment and independent plumbing.
(b) In order to operate a mobile dental facility or portable dental operation, an operator shall first obtain a certificate of registration issued by the board. The operator shall complete an application in the form and manner required by the board and shall meet all qualifications established by rules of the board.
(c) A mobile dental facility shall comply with all of the following requirements:
(1) The operator shall maintain an official business address which shall not be a post office box and which shall be within this state and be associated with an established dental facility which shall have an official business address on record with the board. The address shall be filed with the board as part of the application for a certificate of registration.
(2) The operator shall maintain an official telephone number of record which shall be accessible 24 hours a day and which shall be filed with the board as part of the application for a certificate of registration. The telephone number shall have 911 capability.
(3) The board shall be notified within 30 days of any change in address, location, or telephone number of record. The notification shall also include the method by which patients are notified of the change of address, location, or telephone number of record. For purposes of this subdivision, patient shall mean any individual who has received treatment or consultation of any kind within two years of the date of the proposed change of address, location, or telephone number of record.
(4) All written or printed documents available from or issued by the mobile dental facility shall contain the official business address and telephone number of record for the mobile dental facility.
(5) When not in transit, all dental and official records shall be maintained at the official business address.
(6) The operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility, which includes arrangements for treatment in a dental facility that is permanently established in the area within a 50-mile radius where services are provided subject to a qualified dentist being located in the area and subject to the dentist agreeing to provide follow-up care. An operator who either is unable to identify a qualified dentist in the area or is unable to arrange for emergency follow-up care for patients otherwise shall be obligated to provide the necessary follow-up care via the mobile dental facility or the operator may choose to provide the follow-up care at his or her established dental practice location in the state or at any other established dental practice in the state which agrees to accept the patient. An operator who fails to arrange or provide follow-up care as required herein shall be considered to have abandoned the patient, and the operator and any dentist or dental hygienist, or both, who fails to provide the referenced follow-up care shall be subject to disciplinary action by the board.
(7) The mobile dental facility shall have communication abilities that enable the operator to contact necessary parties in the event of a medical or dental emergency. The communication abilities shall enable the patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received. The provider who renders follow-up care must also be able to contact the operator and receive treatment information, including radiographs.
(8) The mobile dental facility and the dental procedures performed therein shall comply with all applicable federal and state laws and all applicable rules of the board promulgated pursuant to Section 34-9-43.
(9) Any driver of a mobile dental facility shall possess a valid Alabama driver’s license appropriate for the operation of the vehicle. A copy of the driver’s license of each driver shall be submitted to the board at least 30 days prior to the individual operating a mobile dental facility.
(10) All mobile dental facilities authorized in this section which are a vehicle or which are to be towed or otherwise transported by another vehicle shall be registered in this state.
(11) The operator of a mobile dental facility shall not perform services on a minor without the signed consent from the parent or guardian which form shall be established by the board. The consent form shall inquire whether the prospective patient has received dental care from a licensed dentist within one year and if so, the consent form shall request the name, address, and phone number of the dental home. If the information provided to the operator does not identify a dental home for the prospective patient, the operator shall contact the Alabama Medicaid Agency for assistance in identifying a dental home for Medicaid eligible patients. If this information is provided to the operator, the operator shall contact the designated dental home by phone, facsimile, or electronic mail and notify the dental home of the prospective patient’s interest in receiving dental care from the operator. If the dental home confirms that an appointment for the prospective patient is scheduled with the dentist, the operator shall encourage the prospective patient or his or her guardian to seek care from the dental home. The consent form shall document that the patient, or legal guardian, understands the prospective patient has an option to receive dental care from the mobile dental facility or his or her designated dental home if applicable. The consent form shall require the signature of a parent or legal guardian if the patient is a minor.
(12) Each operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are performed all of the following information:
a. The street address of the service location.
b. The dates of each session.
c. The number of patients served.
d. The types of dental services provided and the quantity of each service provided.
e. Any other information requested by rule of the board.
(13) The written or electronic record shall be made available to the board within 10 days of a request.
(14) Each mobile dental facility shall possess all applicable county and city licenses or permits to operate at each location.
(d) The mobile dental facility shall comply with the following physical requirements and inspection criteria:
(1) Ready access in a ramp or lift.
(2) A properly functioning sterilization system.
(3) Ready access to an adequate supply of potable water, including hot water.
(4) A covered galvanized, stainless steel, or other noncorrosive container for deposit of refuse and waste materials.
(5) Ready access to toilet facilities which shall be located within the mobile dental facility. Operators applying for a certificate prior to July 1, 2008, are not required to meet this requirement. Any governmental entity operating a mobile dental facility shall only be required to have ready access to toilet facilities.
(6) All licenses and permits as required by Section 34-9-13 on site.
(7) Ready access to an emergency kit.
(8) Sharps containers and red biohazard equipment available on site.
(e) A portable dental operation shall comply with all of the following requirements:
(1) The operator shall maintain an official business address which shall not be a post office box and which shall be within this state and be associated with an established dental facility which shall have an official business address on record with the board. The address shall be filed with the board as part of the application for a certificate of registration.
(2) The operator shall maintain an official telephone number of record which shall be accessible 24 hours a day and which shall be filed with the board as part of the application for a certificate of registration. The telephone number shall have E-911 capability.
(3) The board shall be notified within 30 days of any change in address, location, or telephone number of record. The notification shall also include the method by which patients are notified of the change of address, location, or telephone number of record. For purposes of this subdivision, patient shall mean any individual who has received treatment or consultation of any kind within two years of the date of the proposed change of address, location, or telephone number of record.
(4) All written or printed documents available from or issued by the portable dental operation shall contain the official business address and telephone number of record for the portable dental operation.
(5) When not in transit, all dental and official records shall be maintained at the official business address.
(6) The operator shall maintain a written procedure for emergency follow-up care for patients treated in a portable dental operation, which includes arrangements for treatment in a dental facility that is permanently established in the area within a 50-mile radius where services are provided subject to a qualified dentist being located in the area and subject to the dentist agreeing to provide follow-up care. An operator who either is unable to identify a qualified dentist in the area or is unable to arrange otherwise for emergency follow-up care for patients shall be obligated to provide the necessary follow-up care via the portable dental operation, or the operator may choose to provide the follow-up care at his or her established dental practice location in the state or at any other established dental practice in the state which agrees to accept the patient. An operator who fails to arrange or provide follow-up care as required herein shall be considered to have abandoned the patient, and the operator and any dentist or dental hygienist, or both, who fail to provide the referenced follow-up care shall be subject to disciplinary action by the board.
(7) The portable dental operation shall have communication abilities that enable the operator to contact necessary parties in the event of a medical or dental emergency. The communication abilities shall enable the patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received. The provider who renders follow-up care must also be able to contact the operator and receive treatment information, including radiographs.
(8) The portable dental operation and the dental procedures performed therein shall comply with all applicable federal and state laws and all applicable rules of the board promulgated pursuant to Section 34-9-43.
(9) The operator of a portable dental operation may not perform services on a minor without the signed consent from the parent or guardian on a form established by the board. The consent form shall request information as to whether the prospective patient has received dental care from a licensed dentist within one year and, if so, shall request the name, address, and phone number of the dental home. If the information provided to the operator does not identify a dental home for the prospective patient, the operator shall contact the Alabama Medicaid Agency for assistance in identifying a dental home for Medicaid eligible patients. If this information is provided to the operator, the operator shall contact the designated dental home by phone, facsimile, or electronic mail and notify the dental home of the prospective patient’s interest in receiving dental care from the operator. If the dental home confirms that an appointment for the prospective patient is scheduled with the dentist, the operator shall encourage the prospective patient or his or her guardian to seek care from the dental home. The consent form shall document that the patient, or legal guardian, understands the prospective patient has an option to receive dental care from either the portable dental operation or his or her designated dental home, if applicable. The consent form shall require the signature of a parent or legal guardian if the patient is a minor.
(10) Each operator of a portable dental operation shall maintain a written or electronic record detailing for each location where services are performed all of the following information:
a. The street address of the service location.
b. The dates of each session.
c. The number of patients served.
d. The types of dental services provided and the quantity of each service provided.
e. Any other information requested by rule of the board.
(11) The written or electronic record shall be made available to the board within 10 days of a request.
(12) Each portable dental operation shall possess all applicable county and city licenses or permits to operate at each location.
(f) The portable dental operation shall comply with all physical requirements and inspection criteria established by rule of the board and shall comply with the license and permit requirements of Section 34-9-13.
(g) The mobile dental facility or a portable dental operation shall be inspected by the board or its representative prior to receiving a certificate of registration. Once registered, the mobile dental facility or a portable dental operation shall be subject to periodic unannounced audits and inspections by the board.
(h) The mobile dental facility or a portable dental operation shall comply with the current recommendations for infection control practices for dentistry as promulgated by the Centers for Disease Control and any rule of the board relating to infection control or reporting in a dental office.
(i) The initial application for a certificate of registration shall include the full name, address, and telephone number of the dentists and dental hygienists working at the facility or operation. The initial application for a certificate of registration shall also include proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars ($1,000,000) of general liability insurance. The operator shall be required to maintain one million dollars ($1,000,000) of general liability insurance at all times for which the mobile dental facility or portable dental operation is licensed by the board. Governmental entities which operate mobile dental facilities or portable dental operations shall not be required to have or maintain any amount of general liability insurance. The operator shall advise the board in writing within 15 days of any change in the employment of any dentist or dental hygienist working at the facility or operation.
(j) The operator shall notify the board in writing within 10 days of any change made relating to a dentist to whom patients are to be referred for follow-up care as provided in subdivision (6) of subsection (c).
(k) The operator shall notify the board in writing within 10 days of any change in the procedure for emergency follow-up care as provided in subdivision (6) of subsection (c).
(l) At the conclusion of each patient’s visit to the mobile dental facility or a portable dental operation, the patient shall be provided with a patient information sheet which shall also be provided to any individual or entity to whom the patient has consented or authorized to receive or access the patient’s records. The information sheet shall include, at a minimum, the following information:
(1) The name of the dentist or dental hygienist, or both, who performed the services.
(2) A description of the treatment rendered, including billing service codes and fees associated with treatment and tooth numbers when appropriate.
(3) If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for such referral.
(4) The name, address, and telephone number, if applicable, of a parent or guardian of the patient.
(m) In the event a mobile dental facility or a portable dental operation is to be sold, the current operator shall inform the board and the Alabama Medicaid Agency, if the operator is an Alabama Medicaid enrolled provider, at least 10 days prior to the sale being completed and shall be required to disclose the purchaser to the board and the Alabama Medicaid Agency, if the operator is an Alabama Medicaid enrolled provider, via certified mail within 10 days after the date the sale is finalized. The operator of a mobile dental facility or a portable dental operation shall notify the board and the Alabama Medicaid Agency, if the operator is an Alabama Medicaid enrolled provider, at least 30 days prior to cessation of operation. Such notification shall include the final day of operation and a copy of the notification shall be sent to all patients and shall include the manner and procedure by which patients may obtain their records or transfer those records to another dentist. It is the responsibility of the operator to take all necessary action to insure that the patient records are available to the patient, a duly authorized representative of the patient, or a subsequent treating dentist. For purposes of this subsection, a patient shall mean any individual who has received any treatment or consultation of any kind within two years of the last date of operation of the mobile dental facility or a portable dental operation.
(n) A mobile dental facility or a portable dental operation that accepts or treats a patient but does not refer patients for follow-up care when such follow-up care is clearly necessary, shall be considered to have abandoned the patient and will subject the operator and any dentist or dental hygienist, or both, who fails to provide the referenced follow-up care to disciplinary action by the board.
(o) In addition to the requirements of this section, any operator, dentist, or dental hygienist working or performing any services at a mobile dental facility or a portable dental operation shall be subject to the provisions of this chapter. Any violation of the provisions of this section shall subject the operator, dentist, or dental hygienist to the penalties provided in Section 34-9-18, and no order imposing penalties pursuant to Section 34-9-18 shall be made or entered except after notice and a hearing by the board with any such order being subject to judicial review.
(p) The board may promulgate rules to implement and enforce this section.
(q) A mobile dental facility or portable dental operation shall conform to all requirements of this chapter, rules promulgated by the board pursuant to this chapter, any rule or regulation promulgated by the Occupational Safety and Health Administration, the federal Centers for Disease Control and Prevention, and the Alabama Department of Public Health, and any applicable federal, state, or local law, regulation, guideline, or ordinance including, but not limited to, those relating to radiographic equipment, flammability, construction, sanitation, medical waste transportation, zoning, prevention of infection and disease, facility operation, and licenses or permits to operate.
(r) This section shall not apply to any mobile dental facility operated by the Alabama Department of Public Health or a local county health department.
(s) This section shall not apply to any mobile dental facility or portable dental operation which is operated during a state of emergency declared by the Governor as authorized in Section 31-9-8.
(t) It is the express intent of the Legislature that no state agency, including, but not limited to, the Alabama Medicaid Agency, shall restrict any mobile dental facility or portable dental operation which complies with the provisions outlined herein and all applicable state and federal rules from participation in its programs.
(u) Notwithstanding any other provision of law, any entity which is approved as tax exempt under Section 501(c)(3) of the Internal Revenue Code and employs dentists licensed in this state shall continue to be able to employ dentists licensed in this state and to provide dental services in the same manner and under the same conditions as licensed on June 7, 2008.
(Act 2008-279, p. 536, §§1, 3; Act 2011-571, p. 1165, §1; Act 2018-274, §1.)
(a) Nothing in this chapter shall apply to the following practices, acts, and operations:
(1) The practice of his or her profession by a physician or surgeon holding a certificate of qualification as a medical doctor and licensed as such under the laws of this state, provided he or she shall not practice dentistry as a specialty.
(2) The practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States Army, Navy, Air Force, or other armed services, public health service including, but not limited to, a federally qualified health center authorized and operating under Section 330 of the Public Health Service Act (42 U.S.C. § 254B), provided, however, that such federally qualified health centers shall register pursuant to Section 34-9-7.2 (provided further however, dentists, dental hygienists, and other personnel employed by any public health service which performs dental health care for the general public under programs funded in whole or part by the state or federal government shall be subject to all of the provisions of this chapter and the rules and regulations duly promulgated by the board governing the practice of dentistry and dental hygiene in this state), Coast Guard, or Veteran’s Administration.
(3) The practice of dentistry by a licensed dentist of other states or countries at meetings of the Alabama Dental Association or components thereof, or other like dental organizations approved by the board, while appearing as clinicians, or when appearing in emergency cases upon the specific call of dentists duly licensed under this chapter.
(4) The filling of prescriptions of a licensed and registered dentist, as hereinafter provided, by any person or persons, association, corporation, or other entity for the construction, reproduction, or repair of prostheses (fixed or removable) or appliances on a cast made by or from impressions made by a licensed and currently registered dentist, to be used or worn as a substitute for natural teeth; provided, that the person or persons, association, corporation, or other entity, shall not solicit or advertise, directly or indirectly, by mail, card, newspaper, pamphlet, radio, television, Internet, or otherwise, to the general public to construct, reproduce, or repair prostheses (fixed or removable) or other appliances to be used or worn as substitutes for natural teeth.
(5) The use of roentgen machines or other means for making radiographs, digital images, or similar records, of dental or oral tissues under the supervision of a licensed dentist or physician; provided, that the services shall not be advertised by any name whatever as an aid or inducement to secure dental patronage, and no person shall advertise that he or she has, leases, owns, or operates a roentgen or other machine for the purpose of making dental radiographs or images, of the human teeth or tissues or the oral cavity, or administering treatments thereto for any disease thereof.
(6) The giving of a general anesthetic by a nurse anesthetist who administers a general anesthetic under the direct supervision of a duly licensed dentist to a patient who is undergoing dental treatment rendered by the dentist.
(7) The use of a nurse in the practice of professional or practical nursing, as defined in Sections 34-21-1 through 34-21-26, by a dentist.
(8) A dentist who engages in the practice of dentistry across state lines in an emergency, as defined by the board.
(9) A dentist who engages in the practice of dentistry across state lines on an irregular or infrequent basis. The “irregular or infrequent” practice of dentistry across state lines is considered to occur if the practice occurs less than 10 days in a calendar year.
(b) A dentist or dental hygienist on active duty, or performing his or her duties as a reservist in the military, is not subject to any fee required for a special purpose license to practice dentistry across state lines. The dentist or dental hygienist shall notify the board in advance of his or her participation in military activities and shall forward a copy of his or her current dental license or permit, or both, to the board. The dentist or dental hygienist shall also provide proof of military status and any orders requiring him or her to perform dental treatment services in this state.
(Acts 1959, No. 100, p. 569, §1; Acts 1967, No. 729, p. 1564, §1; Acts 1981, No. 81-372, p. 540, §1; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
The practice of dentistry by a dentist licensed in another state as a part of participation in a continuing education course conducted, taught, or supervised by the University of Alabama School of Dentistry or any other continuing education provider in Alabama which is approved by the board is exempt from the licensing requirements of this chapter.
(Act 2002-512, p. 1318, §2; Act 2018-274, §1.)
A 501(c)(3) entity, as defined under Section 501(c)(3) of the Internal Revenue Code, that operates a dental clinic that provides dental services shall register with the board. The information provided to the board as a part of the registration process shall include the name of the corporation, the nonprofit status of the corporation, sites where dental services shall be provided by the corporation, and the names of all persons employed by, or contracting with, the corporation who are required to hold a license pursuant to this chapter. A copy of the entity’s 501(c)(3) certification from the Internal Revenue Service shall be filed with the board. If the entity has multiple clinics, the entity shall register each clinic with the board and the entity shall have one licensed dentist serving as chief of dental services for all of the clinics. All dentists and hygienists at each clinic shall possess the applicable licenses or permits required by this chapter and shall be subject to this chapter.
(Act 2011-571, p. 1165, §2; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a) The board shall annually issue dental faculty teaching permits to persons who are bona fide members of the faculty of a dental college, if they hold a dental degree but are not licensed and registered to practice dentistry or dental hygiene in the state. The dean of any dental college located in the state shall annually certify to the board the bona fide members of the clinical faculty of the college who are not licensed and registered to practice dentistry or dental hygiene in the state. The board shall issue teaching permits to applicants upon the certification by the dean. The teaching permits shall be invalid if the holder ceases to be a member of the clinical faculty of the dental college. The dean of any dental college shall promptly notify the board regarding changes in the faculty which affect the eligibility of a faculty member to possess a teaching permit. The holder of a teaching permit shall be subject to this chapter and may perform all clinical operations which a person licensed to practice dentistry or dental hygiene in the state is entitled to perform. The operations may only be performed within the facilities of the dental college or any other facility approved by the board as an adjunct to his or her teaching functions in the college. An annual fee established pursuant to this chapter shall be paid to the board when the teaching permit is issued.
(b) The board shall annually issue dental faculty special teaching permits to persons who are bona fide members of the faculty of a dental college if they hold a dental degree but are not licensed and registered to practice dentistry or dental hygiene in the state. The dean of any dental college located in the state shall annually certify to the board the bona fide members of the clinical faculty of the college who are not licensed and registered to practice dentistry or dental hygiene in the state. The board shall issue special teaching permits to applicants upon certification by the dean. The special teaching permits shall be invalid if the holder ceases to be a member of the clinical faculty of the dental college. The dean of any dental college shall promptly notify the board regarding changes in the faculty which affect the eligibility of a faculty member to possess a special teaching permit. The holder of a special teaching permit shall be subject to this chapter and may perform all clinical operations on his or her private patients which a person licensed to practice dentistry or dental hygiene in the state is entitled to perform. The clinical operations may only be performed within the faculty private practice facilities of the dental college or any other facility approved by the board. An annual fee established pursuant to this chapter shall be paid to the board when the special teaching permit is issued.
(Acts 1959, No. 100, p. 569, §12; Acts 1979, No. 79-427, p. 668, §1(a); Acts 1993, No. 93-159, p. 241, §3; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 may do any of the following:
(1) Employ a dentist or dental hygienist in the operation of a dental office.
(2) Place in the possession of a dentist, dental hygienist, or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment, or offices.
(3) Retain the ownership or control of dental equipment, material, or office and make the same available in any manner for the use of a dentist, dental hygienist, or other agent.
(4) The term “person,” as used in this section, shall not in any way pertain to state, county, municipal, or city institutions but shall be deemed to include any individual, firm, partnership, corporation, or other entity not licensed to practice dentistry in the State of Alabama.
(5) Nothing in this subsection shall apply to bona fide sales of dental equipment, material, or office secured by a chattel mortgage or retention title agreement, or to an agreement for the rental of the equipment or office by bona fide lease at a reasonable amount, and under which agreement the licensee under this chapter maintains complete care, custody, and control of the equipment and the practice. Further, nothing in this subsection shall prohibit or restrict persons, firms, or corporations from employing or retaining licensed dentists to furnish dental treatment for their employees or dependents of their employees.
(b) A prohibited business arrangement or relationship as defined in subsection (a) shall not be considered a violation of that subsection if a prohibited arrangement or relationship results from the death of a licensed dentist and is cured within 12 months of the date of the death.
(c) The purpose of this section is to prevent a non-dentist from influencing or otherwise interfering with the exercise of a dentist’s independent professional judgment. In addition to the acts specified in subsection (a), no person, other than a dentist licensed in accordance with this chapter, shall enter into a relationship with a person licensed under this chapter pursuant to which the unlicensed person exercises control over the selection of a course of treatment for a patient, the procedures or materials to be used as a part of such course of treatment, or the manner in which such course of treatment is carried out by the licensee.
(d) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 shall exercise control over any of the following:
(1) The patient records of a dentist.
(2) Policies and decisions relating to pricing, credit, refunds, warranties, and advertising.
(3) Decisions relating to office personnel and hours of practice.
(e) Any licensed or permitted dentist or dental hygienist who enters into any of the arrangements or relationships in violation of subsection (a) or subsection (c) with an unlicensed person as defined above, may be subject to any of the penalties set forth in Section 34-9-18.
(Acts 1959, No. 100, p. 569, §13; Acts 1981, No. 81-372, p. 540, §2; Acts 1985, No. 85-697, p. 1120, §1; Act 2009-18, p. 43, §3; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a)(1) Every individual who desires to practice dentistry within the State of Alabama shall file an application accompanied by the appropriate fee prescribed by the board.
(2) Notwithstanding any particular requirement or method of obtaining licensure set forth in this chapter, every applicant shall be at least 19 years of age, of good moral character, a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and a graduate of a dental school or college accredited by the American Dental Association Commission on Dental Accreditation and approved by the board and shall satisfy any other requirement set forth in any rule adopted by the board.
(3) The board may issue a license to practice dentistry to any applicant who meets the licensure requirements set forth in this chapter and the applicable rules of the board, and may refrain from issuing a license to any applicant if the board determines that doing so would be inconsistent with the public interest and the promotion of public health and safety.
(b) Licensure by examination shall be applicable to the following categories:
(1) An applicant who has never been licensed or taken an examination and whose application to take an examination administered or approved by the board is received by the board within 18 months of graduation from dental school or completion of an accredited or approved post-doctoral residency program.
(2) An applicant who has successfully passed an examination approved but not administered by the board so long as an application for licensure is received by the board within five years of the date of notification of passing the examination.
(c) Any applicant who possesses a current license in any state, who has passed an examination approved by the board, and who has, since graduation from dental or dental hygiene school, practiced or participated in a clinical residency or practiced dentistry or dental hygiene in the Armed Forces or with the public health service shall be eligible for licensure if his or her application is received by the board within five years of the completion of the subject residency or Armed Forces or public health service commitment.
(d) Licensure by credentials may be utilized to evaluate the theoretical knowledge and clinical skill of a dentist or dental hygienist when an applicant for licensure by credentials holds a dental or dental hygiene license in another state. The board may adopt rules relating to licensure by credentials in addition to any requirements by law. The dentist or dental hygienist applicant for licensure by credentials shall satisfy all of the following:
(1) Has been engaged in the active practice of clinical dentistry or clinical dental hygiene or in full-time dental or dental hygiene education for the five years or 5,000 hours immediately preceding his or her application.
(2) Holds a current, valid, unrevoked, and unexpired license in a state having examination standards regarded by the board as an equivalent to the Alabama standards.
(3) Is licensed in good standing without any restrictions, as verified by the board of examiners in the state of current practice.
(4) Is not the subject of a pending disciplinary action in any state in which he or she has been licensed as verified by a query to the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the American Association of Dental Boards Clearing House for Disciplinary Information, or any other pertinent bank currently existing or which may exist in the future.
(5) Provides a written statement agreeing to be interviewed at the request of the board.
(6) Passes a written jurisprudence examination.
(7) Is certified by the United States Drug Enforcement Administration and from the state board of any state in which he or she is or has been licensed that the DEA registration is not the subject of any pending disciplinary action or enforcement proceeding of any kind.
(8)a. Submits affidavits as a dentist applicant from two licensed dentists practicing in the same geographical area where he or she is then practicing or teaching attesting to his or her moral character, standing, and ability of the applicant. b. Submits affidavits as a dental hygienist applicant from two licensed dentists or two licensed dental hygienists, or any combination of two thereof, practicing in the same geographical area where he or she is then practicing or teaching, attesting to his or her moral character, standing, and ability.
(9) Provides the board with an official transcript with school seal from the school of dentistry or school of dental hygiene that issued his or her professional degree, or executes a request and authorization allowing the board to obtain the transcript.
(10) Is a graduate of a dental or dental hygiene school, college, or educational program approved by the board.
(11) Is not the subject of any pending or final action from any hospital revoking, suspending, limiting, modifying, or interfering with any clinical or staff privileges.
(12) Has not been convicted of a felony or misdemeanor involving moral turpitude or of any law dealing with the administering or dispensing of legend drugs, including controlled substances.
(13) Any other criteria required by the board by rule, including, but not limited to, any of the following:
a. Questioning under oath.
b. Results of peer review reports from constituent dental societies or federal dental services.
c. Substance abuse testing or treatment.
d. Background checks for criminal or fraudulent activities.
e. Participation in continuing education.
f. A current certificate in cardiopulmonary resuscitation.
g. Recent case reports or oral defense of diagnosis and treatment plans.
h. Proof of no physical or psychological impairment that would adversely affect the ability to practice dentistry or dental hygiene with reasonable skill and safety.
i. An agreement to initiate practice within the State of Alabama within a period of one year.
j. Proof of professional liability coverage and that coverage has not been refused, declined, canceled, nonrenewed, or modified.
k. Whether the applicant has been subject to any final disciplinary action in any state in which he or she has been licensed which shall be verified by a query in the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the American Association of Dental Boards Clearing House for Disciplinary Information, any state where the applicant has been licensed, or any other pertinent bank currently existing or which may exist in the future.
l. Whether the applicant’s DEA registration or any state controlled substances permit has ever been revoked, suspended, modified, restricted, or limited in any way. Provided, however, that any discipline that results only from a failure to timely renew a registration or permit shall not prevent him or her from being eligible for this method of licensure.
(e) If all criteria and requirements are satisfied and the board determines, after notice and a hearing, that the applicant committed fraud or in any way falsified any information in the application process, the license may be revoked by the board.
(f) In addition to the requirements for applicants seeking licensure by credentials, an applicant desiring to practice a specialty only shall satisfy the following requirements:
(1) The specialty shall be one in a branch of dentistry approved by the board.
(2) The applicant shall satisfy the existing educational requirements and standards set forth by the board for that approved specialty.
(3) An applicant who chooses to announce or practice a specialty shall limit his or her practice exclusively to the announced special area or areas of dental practice.
(4) If an applicant who is initially licensed by credentials for a specialty practice decides to renounce his or her specialty and practice general dentistry and the license originally issued did not require a general dental license but rather a specialty license, or if the applicant originally passed only a specialty examination, the applicant may not practice general dentistry until he or she successfully passes the board’s regular general dentistry examination. However, if the applicant passed a general dentistry examination or holds a general dentistry license and practices a specialty, then decides not to continue that specialty but to practice only general dentistry, the applicant is eligible for licensure by credentials as a general dentist.
(g)(1) Notwithstanding subsection (a), the board shall issue a special purpose license to practice dentistry across state lines to an applicant who has met the following requirements:
a. Holds a full and unrestricted license to practice dentistry in any state of the United States or in territories, other than the State of Alabama, in which the applicant is licensed.
b. Has not had any disciplinary action or other action taken against him or her by any state or licensing jurisdiction. If there has been previous disciplinary or other action taken against the applicant, the board may issue a certificate of qualification if it finds that the previous disciplinary or other action indicates that the dentist is not a potential threat to the public.
c. Submits an application and application fee for a certificate of qualification for a special purpose license to practice dentistry across state lines on a form provided by the board and pays a fee upon certification. All required fees shall be established by the board.
(2) A special purpose license issued by the board to practice dentistry across state lines limits the licensee solely to the practice of dentistry across state lines. The special purpose license shall be valid for a period of up to three years, shall expire on a renewal date determined by the board, and may be renewed upon receipt of a renewal fee as established by the board. Failure to renew a license according to the renewal schedule established by the board shall cause the special purpose license to be inactive. An applicant may reapply for a special purpose license to practice dentistry across state lines following placement of the license on inactive status. The applicant shall meet the qualifications of subdivision (1) in order to be eligible for renewal of the license.
(3) Notwithstanding the provisions of this section, the board shall only issue a special purpose license to practice dentistry across state lines to an applicant whose principal practice location and license to practice are located in a state or territory of the United States whose laws permit or allow for the issuance of a special purpose license to practice dentistry across state lines or similar license to a dentist whose principal practice location and license are located in another state. It is the stated intent of this section that dentists who hold a full and current license authorizing him or her to practice in the State of Alabama shall be afforded the opportunity to obtain a reciprocal license to practice dentistry across state lines in any other state or territory of the United States as a precondition to the issuance of a special purpose license as authorized by this section to a dentist licensed in the other state or territory. The board shall determine which states or territories have reciprocal licensure requirements meeting the qualifications of this section.
(h) Any applicant who does not qualify for licensure pursuant to any of the above subsections but who has passed an out-of-state examination approved by the board and possesses a license in good standing authorizing the applicant to practice in the state of issuance is eligible to apply for licensure upon payment of a fee established by the board. The board shall have discretion whether to require an examination for the applicant, including the time, place, type, and content of the examination.
(Acts 1959, No. 100, p. 569, §14; Acts 1979, No. 79-427, p. 668, §1(b); Act 99-402, p. 669, §1; Act 2002-512, p. 1318, §1; Act 2003-391, p. 1100, §1; Act 2009-18, p. 43, §3; Act 2010-262, p. 473, §1; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2023-362, §1.)
(a) The board may issue a special volunteer license to practice dentistry or dental hygiene, or both, in this state pursuant to this section.
(b) The board may issue or deny issuance of a special volunteer license, and the denial, suspension, restriction, limitation, or revocation of a special volunteer license does not require a contested case proceeding under the Alabama Administrative Procedure Act.
(c) An applicant for a special volunteer license shall satisfy all of the following:
(1) Hold an active, full, and unrestricted license to practice dentistry or dental hygiene, as applicable, in another state or the District of Columbia and not be subject to any pending disciplinary action by any applicable licensing authority.
(2) Submit to the board a completed application and a fee prescribed by the board.
(d) The scope of practice authorized by a special volunteer license to practice dentistry or dental hygiene, or both, shall be the scope of practice for dentists and dental hygienists prescribed by this chapter. This chapter and the rules adopted by the board pursuant to this chapter are applicable to any holder of a special volunteer license, and a holder of a special volunteer license is deemed to have submitted to the disciplinary jurisdiction of the board for purposes of any disciplinary action arising out of his or her activities within this state.
(e)(1) A special volunteer license authorizes the holder to provide dental or dental hygiene treatment, or both, as applicable, in connection with an organized charitable event at a specific location approved in advance by the board. Each organized charitable event shall have at least one Alabama licensed dentist who regularly practices dentistry in this state who shall be the responsible custodian of all record of treatment provided in connection with the event.
(2) All treatment provided by a holder of a special volunteer license shall be provided under the direct supervision of at least one Alabama licensed dentist who regularly practices dentistry in this state, and each record of treatment shall specifically identify the supervising licensed dentist.
(3) The holder of a special volunteer license shall not solicit, receive, or accept any compensation, remuneration, or gratuity of any kind in connection with the provision of dental or dental hygiene treatment in this state other than reimbursement for actual expenses incurred.
(4) A holder of a special volunteer license is not eligible to receive an Alabama controlled substance certificate or any permit to perform sedation or anesthesia.
(f) A special volunteer license shall be valid for up to 15 calendar days, at the discretion of the board, within the 30-day period following the date of issuance and shall expire automatically by operation of law on the 31st day following issuance. The board, upon application, may renew a special volunteer license for no more than 15 calendar days each.
(g) The board may adopt rules as necessary to implement this section.
(Act 2024-89, §1.)
When an application and accompanying proof as required under this chapter are found satisfactory, the board shall notify the applicant to appear for examination at a time and place to be fixed by the board, and each applicant shall be examined and graded by number in lieu of name. All examinations provided for in this chapter shall be approved by the board and shall be of the type and character as to test the qualifications of the applicant to practice dentistry. Provided, however, the board may recognize any written parts of an examination given by the Joint Commission on National Dental Examinations in lieu of or subject to the board examinations as the board may approve. Those found qualified by the board, consistent with Section 34-9-10(a), shall be granted a license and a license certificate which shall bear a serial number, the full name of the licensee, the date of issuance, and the seal of the board, and shall be signed by each member of the board.
(Acts 1959, No. 100, p. 569, §15; Acts 1985, No. 85-697, p. 1120, §1; Act 2009-18, p. 43, §3; Act 2023-362, §1.)
(a) Every person granted a license to practice dentistry or dental hygiene in this state by the board, as herein provided, shall cause his or her license certificate to be recorded in the office of the judge of probate of the county in which he or she desires to practice before beginning the practice of dentistry or dental hygiene in the county. Any person receiving a license from the board, whether or not intending to immediately engage in the practice of dentistry or dental hygiene in this state, shall cause his or her license certificate to be recorded in the office of the judge of probate in one of the counties of this state within 60 days of the issuance of the license certificate.
(b) Every person issued a special purpose license to practice dentistry across state lines shall be subject to the jurisdiction of the board, and all rules and regulations of the board, including all matters relating to discipline. It shall be the affirmative duty of every special purpose licensee to report to the board in writing within 15 days of the initiation of any disciplinary action against the licensee to practice dentistry by any state or territory in which the licensee is licensed. In addition, the licensee agrees, by acceptance of the license, to produce any patient records or materials as requested by the board or to appear before the board or any of its committees following receipt of a written notice issued by the board. The notice may be issued by the board. The failure of a special purpose licensee to report, produce records, or appear as set forth above shall subject the licensee to the disciplinary penalties as set forth in Section 34-9-5.
(c) Every person issued a special purpose license to practice dentistry across state lines shall comply with all laws, rules, and regulations governing the maintenance of patient records, including patient confidentially requirements, regardless of the state where the records of any patient within this state are maintained.
(Acts 1959, No. 100, p. 569, §16; Act 99-402, p. 669, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
Every practitioner of dentistry and dental hygiene within the meaning of this chapter shall have in his or her possession and posted in a visible location a license certificate and an annual registration certificate in the office wherein he or she practices. A licensed practitioner who practices in more than one location may reproduce the annual registration certificate as needed; however, the practitioner may not reproduce the license certificate. Copies of the license certificate may be requested by the practitioner from the board as necessary.
(Acts 1959, No. 100, p. 569, §17; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
Every licensed dentist and dental hygienist upon changing his or her place of practice, whether from one building, city, street address, or county to another, shall within 30 days thereafter furnish the secretary-treasurer of the board with the new address. The secretary-treasurer shall acknowledge receipt of change of address within 30 days.
(Acts 1959, No. 100, p. 569, §18; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a) No individual shall practice dentistry or dental hygiene in the State of Alabama unless licensed or permitted by the board and registered annually as required by this chapter.
(b)(1) The secretary-treasurer of the board shall issue to each licensee an initial registration form which shall contain space for the insertion of name, address, date, and number of license certificate, and other information as the board shall deem necessary. The licensee shall sign and verify the accuracy of the registration before a notary public after which he or she shall forward the registration to the secretary-treasurer of the board together with a fee. Each subsequent registration shall be made in electronic format or by United States mail upon a form to be determined by the board.
(2) On or before October 1 of each year, every dentist and dental hygienist licensed or permitted to practice dentistry or dental hygiene in the state shall transmit either online or by United States mail to the secretary-treasurer of the board the completed form prescribed by the board, together with a fee established by the board pursuant to this chapter, and receive thereafter the current annual registration certificate authorizing him or her to continue the practice of dentistry or dental hygiene in the state for a period of one year. Notwithstanding Section 34-9-16, the total amount of any administrative fines and costs assessed upon the licensee pursuant to Section 34-9-18 in a final and non-appealable order or agreement shall be added to and made a part of the fee.
(c)(1) Any license or permit previously granted under the authority of this chapter or any prior dental practice act shall automatically be suspended if the holder thereof fails to secure the annual registration certificate before January 1, each year. Any dentist or dental hygienist whose license or permit is automatically suspended by reason of failure, neglect, or refusal to secure the annual registration certificate shall be reinstated by the board upon payment of the penalty fee plus all accrued annual registration fees up to a maximum of five years, accompanied with the prescribed form for annual registration of the license or permit.
(2) Upon failure of any licensee or permittee to file application for the annual registration certificate and pay the annual registration fee on or before November 30, each year, the board shall notify the licensee or permittee by mail addressed to the last address of record that the application and fee have not been received and that, unless the application and fee are received on or before the first day of January, the license or permit shall be automatically suspended. The board shall notify the licensee or permittee by mail addressed to the last address of record of the effective date of the automatic suspension and the provisions for registration of the license or permit.
(d)(1) The board shall waive the annual payment of fees herein provided for and issue a current annual registration certificate to any licensee or permittee who has retired from the practice of dentistry or dental hygiene because of age or physical disability.
(2) The board by rule shall waive annual registration and the payment of fees while any licensee is on temporary active duty with any of the Armed Forces of the United States.
(3) The waivers of fees provided in this subsection shall be effective so long as the retirement because of age or physical disability or temporary active duty continues.
(e) The board shall adopt rules for the adoption of a program of continuing education for its licensees. The successful completion of continuing education program requirements shall be a requisite for renewal of licenses and permits issued pursuant to this chapter.
(Acts 1959, No. 100, p. 569, §18; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Acts 1979, No. 79-427, p. 668, §1(c); Acts 1989, No. 89-407, p. 868, §3; Acts 1993, No. 93-159, p. 241, §3; Acts 1997, No. 97-701, p. 1418, §1; Act 2003-391, p. 1100, §1; Act 2009-18, p. 43, §3; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2023-362, §1.)
(a) Upon the request of a patient or authorized agent of a patient, a dentist shall promptly release to the patient or his or her authorized agent legible and accurate copies of all records of the patient regardless of how they are generated or maintained. The reasonable costs of reproducing copies shall not be more than the amounts authorized by statute and in the absence of any statutory authority no more than the actual cost of the reproduction.
(b) The release of records under this section shall not be made contingent upon the payment of any fee or charge owed by the patient.
(c) The provisions of the section shall survive the closing of a dental office or practice for any reason, including, but not limited to, sale of practice, any disciplinary action, retirement, disability, or death.
(Act 2009-18, p. 43, §4; Act 2011-571, p. 1165, §1.)
The board shall establish and collect reasonable fees provided for in this chapter within the ranges set forth below and without having to engage in the rulemaking process:
| Description | Not More Than | | --- | --- | | Dental Examination Application Fee | $750.00 | | Dental Examination Fee | $2,500.00 | | Dental Examination Materials Fee | $500.00 | | Dental Licensure by Credentials Application Fee | $4,000.00 | | Dental Licensure by Regional Exam Application Fee | $1,000.00 | | Special Purpose Licensure Fee | $750.00 | | Special Purpose Licensure Renewal Fee | $750.00 | | Dental Annual Registration Fee | $500.00 | | Dental License Reinstatement Penalty | $500.00 | | Dental Hygiene Program Application Fee | $500.00 | | Alabama Dental Hygiene Training Permit Fee | $450.00 | | Alabama Dental Hygiene Training Education Fee | $600.00 | | Alabama Dental Hygiene Program Instructor Certification Course Fee | $200.00 | | Alabama Dental Hygiene Program Instructional Materials Fee | $950.00 | | Dental Hygiene By Regional Exam Application Fee | $500.00 | | Dental Hygiene Examination Application Fee | $500.00 | | Dental Hygiene Examination Fee | $600.00 | | Dental Hygiene Examination Materials Fee | $400.00 | | Dental Hygiene Licensure by Credentials Fee | $2,000.00 | | Dental Hygiene Annual Registration Fee | $150.00 | | Dental Hygiene License Reinstatement Penalty | $200.00 | | Dental Hygiene Infiltration Anesthesia Permit Fee | $250.00 | | Dental Hygiene Infiltration Anesthesia Renewal Fee | $250.00 | | License Certificate Fee | $500.00 | | Duplicate or Replacement License Fee | $150.00 | | Dental Faculty Teaching Permit Fee | $350.00 | | Dental Faculty Special Teaching Permit Fee | $500.00 | | Alabama Controlled Substance Permit Fee | $400.00 | | Alabama Controlled Substance Permit Renewal Fee | $400.00 | | General Anesthesia Permit Fee | $1,500.00 | | General Anesthesia Permit Renewal Fee | $750.00 | | Parenteral Sedation Permit Fee | $1,500.00 | | Parenteral Sedation Permit Renewal Fee | $750.00 | | Oral Conscious Sedation Permit Fee | $250.00 | | Oral Conscious Sedation Permit Renewal Fee | $250.00 | | Mobile Dental Application/Inspection Fee | $1,500.00 | | Mobile Dental Renewal Fee | $1,500.00 | | Mobile Dental Facility/Portable Dental Operation Application for Certificate of Registration Fee | $750.00 | | Mobile Dental Facility/Portable Dental Operation Renewal of Certificate of Registration Fee | $500.00 | | Alabama Impaired Dental Professionals Committee Annual Monitoring Fee | $2,000.00 | | Special Volunteer License - Dentistry | $150.00 | | Special Volunteer License - Dental Hygiene | $150.00 |
(Acts 1959, No. 100, p. 569, §20; Acts 1965, 3rd Ex. Sess., No. 25, p. 232; Acts 1979, No. 79-427, p. 668, §1(d); Acts 1989, No. 89-407, p. 868, §3; Acts 1993, No. 93-159, p. 241, §3; Act 98-279, p. 457, §1; Act 99-402, p. 669, §1; Act 2009-18, p. 43, §5; Act 2010-262, p. 473, §1; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2024-89, §2.)
(a) Any person or persons may practice or offer to practice dentistry in connection with any dental office or offices by or under the use of a name other than their own provided their name or names as they appear on their license certificate granted to him or them as a dentist pursuant to this chapter appear in a reasonably dignified manner either following or beneath any name selected and further provided that such person or persons are personally present in their office or offices operating as a dentist or personally overseeing such operations as they are performed in their office or each of their offices. When an associate in practice is on temporary active duty with the armed forces, his or her name may continue to appear in connection with the practice of dentistry at any office or offices. Nothing herein shall allow or permit any person or persons to select a name that suggests or implies a nonprofit or charitable activity. The violation of any of the provisions of this subsection by any dentist may subject such dentist to any of the penalties outlined in Section 34-9-18.
(b) It shall be unlawful for a licensee to permit his or her name to appear in any manner on, within, or in connection with any office which he or she has sold to another licensee and from which he or she has severed active practice, provided the name of the dentist who sells his or her office to a licensed dentist, or in the event of the death of a licensee, the name of the deceased dentist, may remain in the office for a period not to exceed 12 months and it shall also be unlawful for the buyer to permit the former owner’s name or the deceased’s license to appear in any manner on, within, or in connection with the office, except as herein provided. The violation of any of the provisions of this subsection by any dentist may subject such dentist to the penalties outlined in subsection (b) of Section 34-9-18.
(c) Nothing in this section shall be so construed as to prevent two or more licensed dentists from associating together for the practice of dentistry.
(Acts 1959, No. 100, p. 569, §21; Acts 1985, No. 85-697, p. 1120, §1; Act 2009-18, p. 43, §5.)
(a) The board may invoke disciplinary action as outlined in subsection (b) whenever it shall be established to the satisfaction of the board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been guilty of the following:
(1) Fraud, deceit, or misrepresentation in obtaining any license, license certificate, annual registration certificate, money, or other thing of value.
(2) Gross immorality.
(3) Is a menace to the public health or to patients or others by reason of a disease.
(4) Is an habitual user of intoxicants or drugs rendering him or her unfit for the practice of dentistry or dental hygiene.
(5) Has been convicted for violation of federal or state narcotics or barbiturate laws.
(6) Is guilty of negligence or gross negligence.
a. For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably prudent dentist or dental hygienist would have done under the same or similar circumstances or the doing of that which a reasonably prudent practitioner would not have done under the same or similar circumstances.
b. For the purposes of this subdivision, gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious disregard for the rights or safety of others, or conduct that is so deliberate, outrageous, and callous as to display total indifference to the health or safety of a patient, that could result in serious bodily injury or death.
(7) Is guilty of employing, allowing, or permitting any unlicensed person or persons to perform any work in his or her office which, under this chapter, can only be legally done by a person or persons holding a license to practice dentistry or dental hygiene.
(8) Willfully or negligently violates the rules of the State Department of Health or of the board regarding sanitation.
(9) Is guilty of division of fees, or agreeing to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or his or her legal representative, except the division of fees between dentists practicing in a partnership and sharing professional fees, or in case of one licensed dentist employing another.
(10) Is guilty of professional connection or association with or lending his or her name to anyone who is engaged in the illegal practice of dentistry or dental hygiene.
(11) Conviction in any court of competent jurisdiction of a felony or a misdemeanor involving moral turpitude.
(12)a. A dental hygienist using or attempting to use in any manner whatsoever any prophylactic list, call list, records, reprints, or copies of same, or information gathered therefrom, of the names of patients whom the dental hygienist served in the office of a prior employer, unless the names appear upon the bona fide call or prophylactic list of his or her present employer and were caused to appear through the legitimate practice of dentistry or dental hygiene as provided for in this chapter.
b. A licensed dentist who aids or abets or encourages a dental hygienist employed by him or her to make use of a prophylactic list or the calling by telephone or by the use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist employing the hygienist.
(13) Pertaining to licensed dentists only, the prescribing, administering or dispensing of any controlled substances enumerated in Schedules I through V contained in the Alabama Uniform Controlled Substances Act, Chapter 2 of Title 20, or any amendment or successor thereto, or any drug not prescribed for any dentally or facially related condition, and/or for any necessary medication during the course of treatment rendered directly by the dentist, for any person not under his or her treatment in the regular practice of his or her profession.
(14) Irregularities in billing an insurance company or other third party payer for services rendered to a patient. For the purposes of this section irregularities in billing shall include: Reporting charges for the purpose of obtaining a total payment in excess of that usually received by the dentist for the services rendered; falsely reporting treatment dates for the purpose of obtaining payment; falsely reporting charges for services not rendered; falsely reporting services rendered for the purpose of obtaining payment; or failing to advise any third party payer that the copayment provisions of a contract have been abrogated by accepting the payment received from the third party payer as full payment.
(15) Pertaining to licensed dentists only, patient abandonment.
(16) Violating any rule adopted by the board.
(17) Has had his or her license or permit to practice dentistry or dental hygiene from another state suspended or revoked based upon acts similar to those described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation shall be conclusive evidence thereof.
(18) Violating any provision of this chapter.
(b) When the board finds any dentist or dental hygienist guilty of any of the grounds set forth in subsection (a), it may enter an order imposing one or more of the following penalties:
(1) Refuse to issue the dentist or dental hygienist any license or permit provided for in this chapter.
(2) With the exception of negligence as defined in paragraph (a)(6)a. revoke the license or permit of any dentist or dental hygienist.
(3) Suspend the license or permit of any dentist or dental hygienist.
(4) Enter a censure.
(5) Issue an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the dentist or dental hygienist.
(6) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense.
(7) Impose restrictions on the scope of practice.
(8) Impose peer review or professional education requirements.
(9) Assess the costs of the disciplinary proceedings.
(c) Failure to comply with any order of the board, including, but not limited to, an order of censure or probation, is cause for suspension or revocation of a license.
(d)(1) No disciplinary action as outlined in subsection (b) or (c) shall be invoked or entered except after a hearing by the board as provided in this chapter, and such order is subject to judicial review as provided by this chapter.
(2) No order of suspension or revocation provided in this section shall be made or entered except after a hearing by the board as provided in this chapter, and the order shall be subject to judicial review as provided by this chapter.
(e)(1) The board may temporarily suspend a special purpose license to practice dentistry across state lines without a hearing on either of the following grounds:
a. The failure of the licensee to appear or produce records or materials as requested by the board.
b. The initiation of a disciplinary action against the licensee by any state or territorial licensing jurisdiction in which the licensee holds a license to practice dentistry.
(2) Notwithstanding any other provision of law, including the Alabama Administrative Procedure Act, the temporary suspension provided herein shall remain in effect until either the licensee has complied with the request of the board or the disciplinary action pending against the licensee has been terminated in favor of the licensee and the temporary suspension has been terminated by a written order of the board. A special purpose license to practice dentistry across state lines is subject to each of the grounds for disciplinary action provided in this section in accordance with the procedures of Section 34-9-24 and the Alabama Administrative Procedure Act.
(f) Members of the board, any agent, employee, consultant, or attorney for the board, and the members of any committee of dentists or dental hygienists impaneled by the board, shall be immune from suits for any conduct in the course of their official duties with respect to investigations or hearings; provided, that the persons act without malice and in good faith that such investigations or hearings are warranted by the facts, known to them after diligent effort to obtain the facts of the matter relative to the investigations or hearings.
(g) Nothing in this chapter shall be interpreted to limit or restrict the authority of the board to discipline any dentist licensed to practice in this state who violates this chapter while engaging in the practice of dentistry within this or any other state.
(h) The board shall have the authority to adopt rules imposing a non-disciplinary administrative penalty for designated violations of this chapter.
(Acts 1959, No. 100, p. 569, §22; Acts 1981, No. 81-372, p. 540, §3; Acts 1985, No. 85-697, p. 1120, §1; Acts 1986, No. 86-498, p. 950, §1; Act 99-402, p. 669, §1; Act 2005-73, p. 106, §3; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
(a) For the purpose of this section, the following terms shall have the respective meanings:
(1) ADVERTISEMENT. An advertisement is information communicated in a manner designed to attract public attention to the practice of a dentist as heretofore defined.
(2) DENTIST. Any person licensed to practice dentistry in this state pursuant to this chapter or any entity authorized by law which is formed for the purpose of practicing dentistry.
(3) FALSE. A false statement or claim is one which:
a. Contains a material misrepresentation of fact or law.
b. Omits a material fact rendering the statement or claim when considered as a whole false.
(b) A dentist shall have ultimate responsibility for all advertisements which are approved by him or her or his or her agents or associates and the dentist shall be responsible for the following:
(1) Broadcast advertisements shall be recorded, approved by the dentist, and a recording of the actual transmission shall be retained by the dentist for one year following the final appearance or use of the advertisement. The dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.
(2) Written or printed advertisements shall be approved by the dentist and a copy of the publication in which the advertisement is displayed shall be retained by the dentist for one year following the final appearance or use of the advertisement. The dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.
(3) Other forms of advertisement shall be approved by the dentist and the contents and specifications, where applicable, shall be retained by the dentist for one year following the final appearance or use of the advertisement and the dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.
(c) A dentist may not hold himself or herself out as a specialist or advertise specialty status unless the specialty is approved by the board.
(d) Dentists who are not specialists in specialties approved by the board may nevertheless advertise that their practice is limited to a specific area of dentistry only if the dentist has obtained membership in or otherwise has been credentialed by an accrediting organization which is recognized by the board as a bona fide organization for such an area of practice.
(e) Notwithstanding any provision of this section to the contrary, a dentist licensed pursuant to this chapter may not hold himself or herself out as a specialist or advertise membership in a specialty recognized by an accrediting organization, unless the dentist has continuously held himself or herself out as a specialist since December 31, 1964, in a specialty recognized by the board or has completed a specialty education program approved by the board and the Commission on Dental Accreditation and meets either of the following qualifications:
(1) Is eligible for examination by a national specialty board recognized by the board.
(2) Is a diplomate of a national specialty board recognized by the board.
(f) A dentist licensed under this chapter may not represent to the public without appropriate disclosure that his or her practice is limited to a specific area of dentistry other than a specialty area of dentistry authorized under subsection (e) unless the dentist has attained membership in or has otherwise been credentialed by an accrediting organization which is recognized by the board as a bona fide organization for such an area of dental practice. In order to be recognized by the board as a bona fide accrediting organization for a specific area of dental practice other than a specialty area of dentistry authorized under subsection (c), the organization must condition membership or credentialing of its members upon all of the following:
(1) Successful completion of a formal, full-time advanced education program that is affiliated with or sponsored by a university-based dental school that is beyond the dental degree, is at the graduate or postgraduate level, and is of at least 12 months in duration.
(2) Prior didactic training and clinical experience in the specific area of dentistry which is greater than that of other dentists.
(3) Successful completion of oral and written examinations based on psychometric principles.
(g) Notwithstanding the requirements of subsections (e) and (f), a dentist who lacks membership in or certification, diplomate status, or other similar credentials from an accrediting organization approved as bona fide by the board may announce a practice emphasis in any other area of dental practice if the dentist incorporates in capital letters or some other manner clearly distinguishable from the rest of the announcement, solicitation, or advertisement the following statement: “_____________ (NAME OF ANNOUNCED AREA OF DENTAL PRACTICE) IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE BOARD OF DENTAL EXAMINERS OF ALABAMA.” If such an area of dental practice is officially recognized by an organization which the dentist desires to acknowledge or otherwise reference in the dentist’s announcement, solicitation, or advertisement, the same announcement, solicitation, or advertisement shall also state prominently: “_______________ (NAME OF REFERENCED ORGANIZATION) IS NOT RECOGNIZED AS A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE BOARD OF DENTAL EXAMINERS OF ALABAMA.”
(h) The purpose of this section is to prevent a dentist from advertising without appropriate disclosure membership in an organization which may be perceived by the public as recognizing or accrediting specialization or other unique competencies in an area of dentistry that is not recognized or accredited by the board in accordance with this section. The purpose of this section is also to prohibit a dentist from advertising a specialty or other area of dental practice without appropriate disclosure unless the special competencies held by the dentist satisfy the requirements of subsections (d) and (f). The Legislature finds that dental consumers can reasonably rely on these requirements as satisfactory evidence of a dentist’s attainment of meaningful competencies in the specialty or other bona fide area of dental practice advertised. The Legislature also finds that this process for the recognition of dental specialties and other bona fide areas of dental practice is the least restrictive means available to ensure that consumers are not mislead about a dentist’s unique credentials.
(i) A dentist who lacks membership in or certification, diplomate status, or similar credentials from an accrediting organization approved as bona fide by the board may announce a practice emphasis in any other area of dental practice if the dentist incorporates the disclaimer set forth in subsection (g).
(j) The board shall promulgate rules and regulations delineating examples of advertising which would be considered false, fraudulent, misleading, or deceptive.
(Acts 1959, No. 100, p. 569, §23; Acts 1981, No. 81-372, p. 540, §4; Acts 1985, No. 85-697, p. 1120, §1; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Acts 1997, No. 97-701, p. 1418, §1; Act 2003-391, p. 1100, §1; Act 2004-484, p. 901, §2; Act 2009-18, p. 43, §5; Act 2018-274, §1.)
(a) For purposes of this section, the following words shall have the following meanings:
(1) ADVERTISEMENT. Information communicated in a manner designed to attract public attention to a referral service, participating dentist, or a practice of dentistry.
(2) DENTAL REFERRAL SERVICE. A person, firm, partnership, association, corporation, agent, or employee of any of the foregoing that engages in any business or service for profit that in whole or in part includes the referral or recommendation of persons to a dentist for any form of dental care or treatment.
(3) DENTIST. Any person licensed to practice dentistry or any entity authorized by law which is formed for the purpose of practicing dentistry.
(4) FALSE, FRAUDULENT, MISLEADING, OR DECEPTIVE STATEMENT. A statement or claim having one or more of the following characteristics:
a. One that contains a misrepresentation of fact.
b. One that is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts.
c. One that is intended or is likely to create a false or unjustified expectation of favorable results.
d. One that implies unusual superior dental ability.
e. One that contains other representations or implications that in reasonable probability will cause an ordinary and prudent person to misunderstand or be deceived.
(5) PARTICIPATING DENTIST. A dentist who has paid a fee to the dental referral service in order to be included on its referral service.
(b) A dental referral service shall not participate in the advertising of or operate a dental referral service unless all of the following conditions are met:
(1) The patient referrals by the dental referral service result from patient-initiated responses to the service’s advertising.
(2) The dental referral service discloses to any prospective patient who makes contact with the service that the participating dentists have paid a fee for participation in the service.
(3) The dental referral service does not impose a fee on the participating dentists dependent on the number of referrals or amount of professional fees paid by the patient to the dentist.
(4) Participating dentists charge no more than their usual and customary fees to any patient referred.
(5) The dental referral service registers with the Board of Dental Examiners of Alabama providing all the following information:
a. Name.
b. Street address.
c. Mailing address.
d. Telephone number.
e. Name of registered agent or person responsible for the operation of the dental referral service.
f. Listing of other states where the dental referral service is registered.
g. A copy of the standard form contract that regulates its relationship with participating dentists.
(c) Participating dentists shall not enter into a contract or other form or agreement to accept for dental care or treatment a person referred or recommended for the care or treatment by a dental referral service unless the dental referral service meets all the requirements of this section.
(d) A dental referral service that advertises shall include in each advertisement in legible or audible language, or both, a disclaimer containing all the following statements or information that:
(1) The participating dentist of the dental referral service is a dentist who has paid a fee to participate in the service.
(2) The advertisement is paid for by participating dentists.
(3) No representation is made about the quality of the dental services to be performed or the expertise of the participating dentists.
(4) Participating dentists are not more or less qualified than dentists who are not participating in the service.
(e) Dental referral service advertisements shall not do any of the following:
(1) Advertise or solicit patients in a manner that contains a false, fraudulent, misleading, or deceptive statement in any material respect.
(2) Publish or circulate, directly or indirectly, any false, fraudulent, misleading, or deceptive statement as to the skill or methods of practice of any participating dentist.
(3) Contain a statement or make a recommendation that the dental referral service provides referrals to the most qualified dentists or dental practices.
(4) Contain a review process or a screening.
(5) Contain qualifications or information verification that misleads the public into thinking a participating dentist has obtained special recognition or joined a selective group of licensed dentists by being a participating dentist in the dental referral service.
(f) A violation of Sections 34-9-15, 34-9-19, 34-9-28, or this section, including, but not limited to, advertising in any manner which is false, fraudulent, misleading, or deceptive, shall subject a participating dentist to possible administrative disciplinary actions outlined in Section 34-9-18, after notice and hearing by the Board of Dental Examiners of Alabama and the opportunity for judicial review as provided in this article.
(Acts 1997, No. 97-701, p. 1418, §2; Act 2003-391, p. 1100, §1.)
Any person, which word when used in this section shall include all legal entities not licensed to practice dentistry in this state, who shall advertise in any manner to the general public that he or she can or will sell, supply, furnish, construct, reproduce, or repair prostheses (fixed or removable), or other appliances to be used or worn as substitutes for natural teeth, or for the regulation thereof, shall be guilty of a misdemeanor, and the circuit courts shall have jurisdiction to enjoin such person from so doing.
(Acts 1959, No. 100, p. 569, §24; Acts 1981, No. 81-372, p. 540, §5; Act 2011-571, p. 1165, §1.)
(a) Every duly licensed and registered dentist who employs the services of a commercial dental laboratory or private technician for the purpose of constructing, altering, repairing, or duplicating any prostheses (fixed or removable), splint, or orthodontic appliance shall be required to furnish the commercial dental laboratory or private technician an impression or cast made by the dentist when necessary, together with a prescription setting forth the following:
(1) The name and address of the commercial dental laboratory or private dental technician.
(2) The patient’s name or identification number, and if a number is used the patient’s name shall be written upon the duplicate copy of the prescription retained by the dentist.
(3) The date on which the prescription was written.
(4) A description of the work to be done, with diagram if necessary.
(5) A specification of the type and quality of materials to be used.
(6) The signature of the dentist and his or her license number.
(b) Such prescription shall be made in duplicate form. The duplicate copy shall be retained in a permanent file for a period of two years by the dentist, and the original copy shall be retained on a permanent file for a period of two years by the commercial dental laboratory or private technician. Such permanent file of prescriptions to be kept by such dentists, commercial dental laboratory, or private technician shall be open to inspection at any reasonable time by the board or its duly constituted agent. Failure of the dentist, commercial dental laboratory, or private technician to keep such permanent records of prescriptions which are identifiable with each prostheses (fixed or removable), splint, or orthodontic appliance shall be prima facie evidence of a violation of this chapter and shall constitute and be punishable as a misdemeanor.
(Acts 1959, No. 100, p. 569, §25; Act 2011-571, p. 1165, §1.)
Whoever sells or offers to sell a diploma conferring a dental or dental hygiene degree, or a license certificate or annual registration certificate granted pursuant to this chapter or prior dental act, or procures such diploma or license certificate or annual registration certificate with intent that it shall be used as evidence of the right to practice dentistry or dental hygiene as defined by law, by a person other than the one upon whom it was conferred or to whom such license certificate or annual registration certificate was granted, or with fraudulent intent alters such diploma or license certificate or annual registration certificate, or uses or attempts to use it when it is so altered shall be deemed guilty of a misdemeanor. The board may impose any of the penalties outlined in Section 34-9-18 against any person found guilty of making a false statement or cheating, or of fraud or deception either in applying for a license, a license certificate, or annual registration or in taking any of the examinations provided for herein.
(Acts 1959, No. 100, p. 569, §26; Acts 1985, No. 85-697, p. 1120, §1; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
Any licensed dentist of this state being a graduate of a reputable dental school or college recognized by the board shall have the right to use the title “doctor” or abbreviation thereof before his or her name, or appended to his or her name the letters “D.D.S.,” “D.M.D.,” or equivalent letters signifying the dental degree conferred upon him or her.
(Acts 1959, No. 100, p. 569, §27.)
No action to revoke or suspend a license or permit shall be taken until the licensee or permittee has been furnished a statement in writing of the charges against him or her, together with a notice of the time and place of the hearing. The statement of charges and notice shall be served upon the licensee or permittee at least 20 days before the date fixed for hearing, either personally or by registered or certified mail sent to his or her last known physical home or office address or post office address, or any combination of them.
(Acts 1959, No. 100, p. 569, §29; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Act 2011-571, p. 1165, §1.)
From any order of the board imposing any of the penalties found in Section 34-9-18, any party affected thereby may bring an action in the circuit courts to set aside the order on the ground that same is unlawful or arbitrary.
(Acts 1959, No. 100, p. 569, §30; Acts 1985, No. 85-697, p. 1120, §1.)
(a) No individual shall practice as a dental hygienist in this state until he or she is duly licensed and currently registered as a dental hygienist pursuant to this chapter.
(b) The board may issue licenses and license certificates to practice as dental hygienists to applicants who have passed the examination and have been found qualified by the board. Alternatively, the board may deny licenses or license certificates in instances where it determines that doing so would be inconsistent with the public interest and the promotion of public health and safety.
(c) The license certificate and annual registration certificate shall be displayed in the office in which the dental hygienist is employed.
(d) No applicant shall be entitled to a license and license certificate unless he or she is 19 years of age and of good moral character.
(e) Each applicant for examination and license as a dental hygienist shall meet either of the following requirements:
(1) Has graduated from a school of dental hygiene that has been approved by the board.
(2) Has served as a dental assistant for a period of time established by board rule and has served at least one year as a dental hygienist trainee under a training permit issued by the board to a qualified dentist practicing in this state in accordance with the dental hygienist training program established by the board.
(f) Any person practicing in violation of this section shall be guilty of a misdemeanor, and the board may impose the penalties outlined in Section 34-9-18 for such violation.
(Acts 1959, No. 100, p. 569, §35; Acts 1979, No. 79-427, p. 668, §1(e); Acts 1985, No. 85-697, p. 1120, §1; Acts 2001-269, p. 328, §3; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2023-362, §1.)
(a) A dental hygienist shall work only under the direct supervision of a licensed dentist practicing in this state. A dental hygienist may perform any duties allowed by rule of the board and assist a licensed or permitted dentist in his or her practice.
(b) Any dental hygienist licensed by the board under this chapter who has completed the curriculum for dental hygienists at a dental school approved by the board shall have the right to use the title Registered Dental Hygienist or the abbreviation thereof, “R.D.H.” appended to his or her name signifying the license conferred.
(c) The board may impose any of the penalties outlined in Section 34-9-18 against any dentist who permits any dental hygienist working under his or her supervision to perform any operation other than those permitted under this section, and may impose the penalties outlined in Section 34-9-18 against any dental hygienist who performs any operation other than those permitted under this section.
(Acts 1959, No. 100, p. 569, §36; Acts 1985, No. 85-697, p. 1120, §1; Acts 1993, No. 93-159, p. 241, §3; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1; Act 2023-362, §1.)
It shall be the duty of all licensed dental hygienists to notify the board, in writing, of any change of address or employer and have issued to them an annual registration certificate by the board. Any dental hygienist whose license shall be automatically suspended by reason of failure, neglect, or refusal to secure the annual registration certificate may be reinstated by the board upon payment of the penalty fee plus the current year’s registration fee. The form and method provided for in Section 34-9-15 shall apply to the annual registration of dental hygienists.
(Acts 1959, No. 100, p. 569, §37; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Acts 1997, No. 97-701, p. 1418, §1; Act 2009-18, p. 43, §5; Act 2011-571, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
When it appears to the board that any person is violating any of the provisions of this chapter, the board may in its own name bring an action in the circuit court for an injunction, and said court of this state may enjoin any person from violating this chapter regardless of whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. For purposes of this section, person shall be deemed to include any individual, firm, partnership, corporation, professional association, professional corporation or other entity.
(Acts 1959, No. 100, p. 569, §31; Acts 1985, No. 85-697, p. 1120, §1.)
(a) In order to accomplish the purposes and to provide for the enforcement of this chapter, there is hereby created the board. The board is hereby vested with the authority to carry out the purposes and enforce the provisions of this chapter. On June 24, 1959, the members of the present board now in existence shall hold office for the remainder of their respective terms for which they have been elected and thereafter until their successors are elected and qualified and shall constitute the board under this chapter. The board shall consist of six dentists who shall be selected in the method set forth herein all of whom having been actively engaged in the practice of dentistry in the State of Alabama for at least five years next preceding the date of their election and one dental hygienist elected at-large as provided in subsection (b). Each member of the board shall be a citizen of this state. No member of the board shall be a member of the faculty of any dental school, dental college, dental hygiene school, or dental hygiene college or receive any financial benefits for teaching in any dental school, dental college, dental hygiene school, or dental hygiene college or have a financial interest in a commercial dental laboratory or a dental supply business. One member, who is qualified as provided herein, shall be selected by the Alabama Dental Society every five years. As for all elections of members, any group of 10 or more licensed dentists, residing and practicing dentistry in the state, may nominate a candidate for the position of board member by submitting a petition bearing their signatures to the secretary of the board to be postmarked no later than the first day of July in the year of the election. The board shall cause the election ballots to be mailed or published digitally not later than September 1 in the year of the election to all the licensed dentists residing and practicing in the state and currently registered as prescribed by law. The ballot shall be postmarked, or otherwise submitted electronically, no later than October 1 to the secretary of the board. Three members of the board shall be present at the time the ballots, digital or physical, are tallied. Any candidate receiving a majority of the votes shall be declared elected to the board and will take the oath of office on or before October 15 in the year of his or her election. In the event no candidate receives a majority of the votes cast, the board shall conduct a run-off election between the two candidates receiving the largest number of votes. The board shall cause the ballots pertaining to the run-off election to be mailed or digitally published on or before October 31 of the election year to all the licensed dentists who have renewed their licenses for the succeeding year as of October 1 of the current year, are residing and practicing in the state, and currently are registered as prescribed by law, and the ballots pertaining to the run-off election shall be postmarked or digitally published no later than the fourteenth day of November in the year of the run-off election and received, if mailed, by the secretary of the board no later than the first board workday following the fourteenth day of November. All mailed ballots received after this date shall be nullified. In the event of a run-off election, the candidate receiving the largest number of votes in the run-off election shall be declared elected to the board and shall take the oath of office and begin his or her term of office no later than the next scheduled board meeting. Every member elected shall hold office for a period of five years, which terms shall begin immediately upon taking an oath to properly and faithfully discharge the duties of his or her office and until his or her successor is elected and qualified, and the member so elected or appointed shall not at the expiration of the term be eligible to succeed himself or herself. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Except for the board member position selected by the Alabama Dental Society, vacancies on the board shall be filled by the board by the appointment of the immediate past member of the board, and if for any reason the immediate past member of the board is unable to accept the appointment, then the board shall fill the vacancy by appointment of the most recent past board member who is willing to accept the appointment. If no past board member accepts the appointment, then the board may, by majority vote, appoint any licensed dentist qualified under the provisions of this chapter. In the event of a vacancy in the position selected by the Alabama Dental Society, the Alabama Dental Society shall select a dentist who is qualified as provided herein to fill the vacancy. Members of the board shall be removed by a two-thirds vote of the registered dentists in the state for neglect of duty or any just cause, by petition to the secretary of the board by 10 percent of the licensed dentists in the state. On or before July 1, 1962, the board shall send a copy of this section to all licensed dentists in the state.
(b)(1) One member of the board shall be a licensed dental hygienist. The dental hygienist member shall be of good moral and ethical character and shall have been actively engaged in the practice of dental hygiene in the State of Alabama for at least five years preceding the date of election. No dental hygienist member shall be a member of the faculty of any dental school, dental college, dental hygiene school, or dental hygiene college or receive any financial benefits for teaching in any dental school, dental college, dental hygiene school, or dental hygiene college or have a financial interest in a commercial dental laboratory or dental supply business while serving on the board.
(2) The dental hygienist member shall be elected as follows:
a. Any group of 10 or more licensed dental hygienists, residing and practicing dental hygiene in the State of Alabama, may nominate a candidate for the dental hygienist position by submitting a petition bearing their signatures to the secretary of the board no later than the first day of July in the year of an election. The board shall cause election ballots to be mailed or published digitally no later than September 1 in the year of an election to all the licensed dental hygienists residing and practicing in the state and currently registered as prescribed by law. The ballot shall be postmarked or otherwise submitted electronically no later than October 1 to the secretary of the board.
b. Three members of the board shall be present at the time the ballots, digital or physical, are tallied. Any candidate receiving a majority of the votes shall be declared elected to the board and shall take the oath of office on or before October 15 in the year of his or her election. In the event no candidate receives a majority of the votes cast, the board shall conduct a run-off election between the two candidates receiving the largest number of votes. The board shall cause the ballots pertaining to any run-off election to be mailed or digitally published on or before October 31 of the election year to all licensed dental hygienists who have renewed their licenses for the succeeding year as of October 1 of the current year, are residing and practicing in the state, and are currently registered as prescribed by law, and the ballots pertaining to the run-off election shall be postmarked or digitally submitted no later than the fourteenth day of November in the year of the run-off election and received, if mailed, by the secretary of the board no later than the first board workday following November 14. All mailed ballots received after November 14 shall be nullified. In the event of a run-off election, the dental hygienist candidate receiving the largest number of votes in the run-off election shall be declared elected to the board and shall take the oath of office and begin his or her term of office no later than the next scheduled board meeting.
c. All elections as described above shall be conducted by the board.
(3) The dental hygienist member shall be removed by a two-thirds vote of the registered dental hygienists in the state for neglect of duty or any just cause by petition to the secretary of the board by 10 percent of the licensed dental hygienists in the state.
(4) The dental hygienist member shall hold that position for a period of five years, which term shall begin immediately upon taking an oath to properly and faithfully discharge the duties of his or her office and continue until his or her successor is elected and qualified, and the member so elected or appointed shall not at the expiration of the term be eligible to succeed himself or herself. If a vacancy occurs in the position of dental hygienist, the unexpired term shall be filled by the board by the appointment of the immediate past dental hygienist member. If for any reason the immediate past dental hygienist member is unable to accept the appointment, then the board shall fill the vacancy by a majority vote of the other board members by the appointment of some other past dental hygienist member. If a vacancy occurs and there is not an immediate past dental hygienist member or other past dental hygienist member, the vacancy shall be filled by a unanimous vote of the board by the appointment of some otherwise qualified dental hygienist.
(5) The dental hygienist member shall advise the board on matters relating to dental hygiene and shall only be permitted to vote on matters relating to dental hygiene. The board shall provide the dental hygienist member with timely notice of all board meetings and the dental hygienist member shall be allowed to attend all meetings unless prohibited by law from attendance at any disciplinary hearings. The board shall not adopt any rule relating to the practice of dental hygiene unless the proposed rule has been submitted to the dental hygienist member for review and comment at least 30 days prior to its adoption. The dental hygienist member shall be entitled to the same compensation and expenses paid to dentist members of the board pursuant to Section 34-9-41.
(c) Any dentist or dental hygienist who has been found guilty of violating this chapter or any provision of a dental practice act of any other state and as a result his or her license was revoked, suspended, or placed on probation or who has been convicted of a felony, shall not be eligible for election or membership on the board for a period of five years from the termination of any such revocation, suspension, or probation.
(Acts 1959, No. 100, p. 569, §2; Acts 1961, Ex. Sess., No. 58, p. 1923, §1; Acts 1993, No. 93-159, p. 241, §3; Acts 1997, No. 97-155, p. 202, §3; Act 99-402, p. 669, §1; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
The board shall annually elect from its membership a president, vice-president, and secretary-treasurer and may employ staff members who are not members of the board. The board shall have a common seal. The board shall hold an annual meeting for the purpose of transacting its business and examinations, and additional meetings at such times and places as the board may designate. A majority of the board shall constitute a quorum for the transaction of business at any meeting except that in conducting hearings involving any of the penalties outlined in Section 34-9-18, no less than five members of the board shall be present. In conducting hearings involving any of the penalties outlined in Section 34-9-18, a majority of the board may appoint any former member of the board who for such purposes shall have all the powers and privileges of such office as a regular board member possesses. In conducting or participating in exams, a majority of the board may appoint any former member of the board or such other licensed practicing dentists from a jurisdiction recognized by the board who for such purposes shall have all the powers and privileges of such office as a regular board member possesses. Out of the funds of the board the members thereof shall receive as compensation a sum to be fixed by the board for each day actively engaged in the duties of their office, and in addition board members shall receive the same per diem and travel allowance as is paid by law to state employees for each day actively engaged in the duties of their office. The secretary-treasurer shall receive such compensation as may be fixed by the board, which shall be in addition to his or her per diem and expenses, provided no per diem or expenses shall be allowed unless his or her duties require his or her absence from his or her office. The secretary shall receive such compensation as may be fixed by the board. The secretary-treasurer shall be custodian of all property, money, records and the official seal of the board. All money received by the board under this chapter shall be paid to and received by the secretary-treasurer of the board. The secretary-treasurer shall deposit to the credit of the board all funds paid to the board in a bank selected by its members. The board is authorized to expend such funds as shall be necessary to enforce the provisions of this chapter; to pay salaries, expenses and other costs herein provided; to promote the arts and science of dentistry; and for such other purposes as the board shall consider to be in the best interest of dentistry in this state. All the costs herein provided for shall be paid by checks drawn by the secretary-treasurer and countersigned by the president of the board; except the board may authorize the administrative secretary or the executive director to sign checks for costs that do not exceed a monetary limit to be set by the board in its rules. Should the property be other than money, the secretary-treasurer shall provide for the safekeeping thereof for the use of the board. All money, including license fees, annual renewal license certificate fees, examination fees and any and all other fees and receipts under the provisions of this chapter, are hereby appropriated to the board to be used as herein provided.
(Acts 1959, No. 100, p. 569, §3; Acts 1961, Ex. Sess., No. 58, p. 1923, §1; Acts 1979, No. 79-427, p. 668, §1 (f); Acts 1985, No. 85-697, p. 1120, §1; Acts 1989, No. 89-407, p. 868, §3; Act 2009-18, p. 43, §5; Act 2010-262, p. 473, §1; Act 2011-571, p. 1165, §1; Act 2018-274, §1.)
The secretary-treasurer of the board shall give bond in such sum as may be prescribed by the board, conditioned to faithfully and honestly discharge the duties of the office according to law, which bond shall be made payable to the Board of Dental Examiners of Alabama and held in the custody of the president of the board. The secretary-treasurer of the board shall compile an annual report which shall contain an itemized statement of all money received and disbursed and a summary of the official acts of the board during the preceding year, and the report shall have attached thereto a certified report and audit made by a certified public accountant of the State of Alabama. A copy of the report and audit shall be filed of record in the office of the Department of Finance of the State of Alabama, and a copy shall be retained by the secretary-treasurer to be rendered upon request, to the dentists at large in the State of Alabama. The board may affiliate with the American Association of Dental Boards, may pay dues to the the association and may send all members of the board to the meetings of the association. Such delegates may receive the per diem herein provided for attending such meetings and reimbursement for necessary expenses audited and allowed by the board.
(Acts 1959, No. 100, p. 569, §4; Acts 1961, Ex. Sess., No. 58, p. 1923, §1; Acts 1981, No. 81-372, p. 540, §6; Act 2010-262, p. 473, §1.)
(a) The board shall exercise, subject to this chapter, the following powers and duties:
(1) Adopt rules for its government as deemed necessary and proper.
(2) Adopt rules for qualification and licensing of dentists and dental hygienists.
(3) Conduct or participate in examinations to ascertain the qualification and fitness of applicants for licenses as dentists and dental hygienists.
(4) Adopt rules regarding sanitation.
(5) Adopt rules by which dental schools and colleges are approved, and adopt rules by which training, educational, technical, vocational, or any other institution that provides instruction for dental assistants, dental laboratory technicians, or any other paradental personnel are approved.
(6) Grant or deny licenses, license certificates, teaching permits, and annual registration certificates in conformity with this chapter.
(7) Conduct hearings or proceedings to impose the penalties specified in Section 34-9-18.
(8)a. Employ necessary individuals to assist in performing its duties in the administration and enforcement of this chapter, and to provide offices, furniture, fixtures, supplies, printing, or secretarial service and expend necessary funds.
b. Employ an attorney or attorneys, subject to the approval of the Attorney General, to advise and assist in the carrying out and enforcing this chapter. Provided, however, that if the board contracts with an outside attorney to be general counsel to the board, that attorney or any member of a law firm with which he or she is associated shall not function as the board’s prosecutor at disciplinary hearings.
(9)a. Investigate alleged violations of this chapter and institute or have instituted before the board or the proper court appropriate proceedings regarding the violation.
b. Authorize and employ investigators who comply with the Alabama Peace Officers’ Standards and Training Act to exercise the powers of a peace officer in investigating alleged violations of the drug or controlled substances laws by individuals licensed pursuant to this chapter, including the powers of arrest and inspection of documents.
(10) Adopt rules to implement this chapter.
(11) Publish, on a quarterly basis, all minutes, except minutes of executive sessions, financial reports, schedules of meetings, including anticipated executive sessions, and other pertinent information on the board’s website no later than 90 days following the date of occurrence. In addition, publish or post annually the rules by the board, a copy of the Dental Practice Act, and a list of all individuals licensed to practice under this chapter.
(12) Attend meetings, seminars, workshops, or events that may improve the function and efficiency of the board or improve the ability of the board to enforce and administer this chapter.
(b) The board, in exercising its powers and duties, shall adhere to guidelines and proceedings of the State Ethics Commission as provided in Chapter 25 of Title 36. The board may adopt rules for the purpose of establishing additional ethical guidelines.
(Acts 1959, No. 100, p. 569, §5; Acts 1981, No. 81-372, p. 540, §7; Acts 1985, No. 85-697, p. 1120, §1; Acts 1987, No. 87-578, p. 923, §1; Acts 1993, No. 93-159, p. 241, §3; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)
(a) The board may employ investigators, attorneys, agents, and any other employees and assistants to aid in the administration and enforcement of the duties of the board. The board may request assistance from the Attorney General, district attorneys, or other prosecuting attorneys of this state in the various circuits and counties. All prosecuting attorneys throughout the state shall assist the board, upon request of either, in any action for injunction or any prosecution without charge or additional compensation.
(b) The board may employ consultants to render professional services such as, but not limited to, reviewing records and providing expert testimony in contested cases to aid the board in carrying out its lawful responsibilities. Consultants shall be compensated for professional services at rates established by the board by rule. In addition, consultants shall be reimbursed for actual reasonable expenses for travel, lodging, meals, long distance telephone expense, and other expenses reasonably incurred in the performance of the consultant’s professional services.
(Act 2005-298, 1st Sp. Sess., p. 563, §11.)
(a) The Legislature finds and declares all of the following:
(1) The power to make rules regulating the practice of dentistry and dental hygiene includes the power to prohibit unlicensed persons from practicing dentistry and dental hygiene and the power to regulate how licensed persons practice the same.
(2) A primary goal of the provision of health care is to prioritize patient health, safety, and welfare.
(3) The board is in the best position to determine the dental practices that affect and prioritize the health, safety, and welfare of the public.
(4) It is the intent of the Legislature in enacting this section to immunize the board, its members, employees, and agents from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient health, safety, and welfare but appears to have elements that appear anti-competitive or have an anti-competitive effect when the effect on public health, safety, and welfare is clearly demonstrated and documented by the board.
(b) Subject to subsection (c), rules adopted under this section or Sections 34-9-18 and 34-9-43 may define and regulate the practice of dentistry and dental hygiene in a manner that prioritizes patient health, safety, and welfare, even if the rule has elements that appear anti-competitive or have an anti-competitive effect when the effect on public health, safety, and welfare is clearly demonstrated and documented by the board.
(c) A rule adopted under this section or Sections 34-9-18 and 34-9-43 may supplement or clarify any statutory definition but shall not conflict with any statute which defines the practice of dentistry and dental hygiene.
(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the board beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101 (2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the board in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101 (2015).
(Act 2016-302, p. 765, §§1-3; Act 2018-274, §1.)
The secretary-treasurer of the board shall keep a registry in which shall be entered the names of all persons to whom license certificates have been granted under this chapter, the numbers of such license certificates, the dates of granting the same and other matters of records, and he or she shall keep a true and correct copy of the minutes of all board meetings, and the book so provided and kept shall be the official book of records. A copy of the records or a copy of the records certified by the secretary-treasurer and under the seal of the board shall be admitted in any of the courts of this state as prima facie evidence of the facts contained in the records and in lieu of the original thereof. A certificate under the hand of the secretary-treasurer and the seal of the board that there is not entered in such record books the name and number of and date of granting such license certificate to a person charged with a violation of any of the provisions of this chapter shall be prima facie evidence of the facts contained therein. Such certificates shall be admitted in any of the courts of this state in lieu of the records of the board. The original books, records, and papers of the board shall be kept at the office of the secretary-treasurer of the board, which office shall be at such place as may be designated by the board.
(Acts 1959, No. 100, p. 569, §6; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Act 2011-571, p. 1165, §1.)
The board and its members and officers shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of the board, its members and officers to furnish the proper prosecuting officers with such evidence as it or they may ascertain to assist them in the prosecution of any violation of this chapter, and the board is authorized for such purposes to make such reasonable expenditures from the funds of the board as it may deem necessary to ascertain and furnish such evidence.
(Acts 1959, No. 100, p. 569, §28.)
In all matters pending before it, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, and records, documentary evidence and materials or other evidence. Any person failing or refusing to appear or testify regarding any matter about which he or she may be lawfully questioned or to produce any papers, books, records, documentary evidence, or materials or other evidence in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, may, upon application by the board to any circuit judge of the State of Alabama, be ordered to comply therewith; and, upon failure to comply with the order of the circuit judge, the court may compel obedience by attachment as for contempt as in case of disobedience of a similar order or subpoena issued by the court. The president, in a writing filed with the board, may designate and authorize any member of the board to issue subpoenas, and any board member shall have authority to administer oaths to witnesses, or to take their affirmation. A subpoena or other process of paper may be served upon any person named therein, anywhere within the State of Alabama with the same fees and mileage by any officer authorized to serve subpoenas or such other process or paper in civil actions, in the same manner as is prescribed by law for subpoenas issued out of the circuit courts of this state, the fees and mileage and other costs to be paid as the board directs.
(Acts 1959, No. 100, p. 569, §32; Act 2013-252, p. 626, §1.)
Depositions may be taken within or without the State of Alabama in the manner provided for by the laws of Alabama and the Alabama Rules of Civil Procedure for the taking of depositions in matters pending in the circuit courts of this state. The depositions shall be returnable to the board office, and the depositions may be opened or used by the parties to the proceedings the same as is provided for in matters pending before the circuit courts.
(Acts 1959, No. 100, p. 569, §33; Act 2013-252, p. 626, §1.)
Any individual licensed or permitted to practice dentistry in the State of Alabama shall be authorized to use anesthesia in accordance with all of the following:
(1) All dentists are authorized to use local anesthesia.
(2) Twelve months after May 29, 1985, no dentist shall use general anesthesia on an outpatient basis for dental patients, unless the dentist possesses a permit of authorization issued by the board.
a. In order to receive the permit, the dentist must apply on a prescribed application form to the board, submit an application fee, and produce evidence showing that he or she meets all of the following requirements:
Has completed a minimum of one year of advanced training in anesthesiology and related academic subjects, or its equivalent, beyond the undergraduate dental school level in a training program as described in Part II of the guidelines for teaching the comprehensive control of pain and anxiety in dentistry; or
Is a diplomate of the American Board of Oral and Maxillofacial Surgery, or is eligible for examination by the American Board of Oral and Maxillofacial Surgery, or is a member of the American Association of Oral and Maxillofacial Surgeons; or
Employs or works in conjunction with a licensed physician who is a member of the anesthesiology staff in an accredited hospital, provided the anesthesiologist must remain on the premises of the dental facility until any patient given a general anesthetic regains consciousness and is discharged; and
Has a properly equipped facility for the administration of general anesthesia staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. Adequacy of the facility and competence of the anesthesia team shall be determined by the board as outlined in paragraph b.
Has successfully competed training in Advanced Cardiovascular Life Support (ACLS), and his or her auxiliary personnel have successfully completed training in Basic Life Support (BLS).
b. Prior to the issuance of the permit, the board, at its discretion, may require an on-site inspection of the facility, equipment, and personnel to determine if the requirements in paragraph a. have been met. This evaluation shall be carried out in a manner prescribed by the board. The evaluation shall be conducted by a team of three examiners appointed by the board. The team of examiners shall consist of at least one licensed dentist who holds a general anesthesia permit and at least two other persons as prescribed by the board pursuant to its rules. If the results of the initial evaluation are deemed unsatisfactory, the applicant may reapply for a permit subject to the correction of the deficiencies outlined in the original evaluation.
(3) Each dentist who is licensed to practice dentistry in the state on May 29, 1985, who desires to continue to use general anesthesia shall make application on the prescribed form to the board within 12 months of May 29, 1985. If he or she meets the requirements of this section, he or she shall be issued such a permit. If the applicant does not meet the requirements of paragraph (2)a., he or she may be entitled to a “general anesthesia permit” provided the applicant passes to the satisfaction of the board an on-site inspection as provided for in paragraph (2)b.
(Acts 1985, No. 85-697, p. 1120, §2; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)
(a) The board may permit licensed dental hygienists to administer infiltration anesthesia under the direct supervision of a licensed dentist. The board may promulgate rules further limiting the administration of infiltration anesthesia by dental hygienists. In order to administer infiltration anesthesia, a dental hygienist shall possess a dental hygiene infiltration anesthesia permit issued by the board. To receive a dental hygiene infiltration anesthesia permit from the board, a dental hygienist shall apply on an application form approved by the board, submit the appropriate application fee, and have been engaged in the active practice of dental hygiene for the 12 months immediately preceding initial application. A dental hygienist applying for a dental hygiene infiltration anesthesia permit shall submit proof to the board that he or she has fulfilled at least one of the following qualifications:
(1) Has completed a minimum of 32 hours training in the administration of infiltration anesthesia in a course approved by the board.
(2) Has certification of training in the administration of infiltration anesthesia by any entity or organization approved by the board.
(b) A dental hygiene infiltration anesthesia permit shall be renewed annually upon payment of a renewal fee and proof of completion of any continuing education requirements established by rule of the board.
(Act 2018-274, §2.)
(a) Any dentist holding a permit of authorization issued by the Board of Dental Examiners shall be subject to review and such permit must be renewed annually.
(b) The board shall, upon payment of a renewal fee, renew the general anesthesia permit annually unless the holder is informed in writing that a reevaluation of his or her credentials and facility is to be required. In determining whether such reevaluation is necessary, the board shall consider such factors as it deems pertinent including, but not limited to, patient complaints and reports of adverse occurrences. Such reevaluation shall be carried out in the manner described in paragraph b. of subdivision (2) of Section 34-9-60.
(Acts 1985, No. 85-697, p. 1120, §3; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Act 2009-18, p. 43, §5.)
Any dentist using general anesthesia, and his or her auxiliary personnel shall be currently certified in cardiopulmonary resuscitation.
(Acts 1985, No. 85-697, p. 1120, §4.)
(a) The issuance of a permit for general anesthesia shall include the privilege of administering parenteral sedation in accordance with this section. The issuance of a permit for parenteral sedation shall include the privilege of administering intravenous sedation. All current intravenous sedation permit holders are entitled to a parenteral sedation permit subject to the renewal requirements and rules adopted by the board pursuant to this chapter. The term “parenteral sedation” shall not include the use or regulation of nitrous oxide.
(b)(1) No dentist shall use parenteral sedation on an outpatient basis for dental patients unless the dentist possesses a permit of authorization issued by the board. The dentist applying for or holding the permit shall be subject to on-site inspections as provided in paragraph (2)b. of Section 34-9-60.
(2) In order to receive the permit, the dentist shall meet all of the following requirements:
a. Apply on a prescribed application form to the board.
b. Submit a fee.
c. Produce evidence showing that he or she has satisfied each of the following requirements:
Received formal training in the use of parenteral sedation from a board approved training program, is competent to handle all emergencies relating to parenteral sedation, and is currently certified in cardiopulmonary resuscitation. The certification of the formal training shall specify the total number of hours, the number of didactic hours, and the number of patient contact hours. The required number of didactic hours and patient contact hours shall be determined by the board.
Equipped a proper facility for the administration of parenteral sedation, staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident to the sedation procedure.
(3) Adequacy of the facility and the competency of the sedation team shall be determined by the board.
(4) Prior to the issuance of a permit, the board may require an on-site inspection of the facility, equipment, and personnel to determine if the requirements of this section have been met. This evaluation shall be performed as provided in subsection (c).
(c)(1) Each dentist who is licensed to practice dentistry in the state and who desires to continue to use parenteral sedation shall make application to the board on the prescribed form. If he or she meets the requirements of this section, or currently holds a valid intravenous sedation permit, he or she shall be issued such a permit subject to all renewal and regulatory requirements of Section 34-9-64. If the applicant does not meet the requirements of subdivision(b)(2), or does not currently hold a valid intravenous sedation permit, he or she may be entitled to a parenteral sedation permit if the applicant passes an on-site inspection to the board’s satisfaction. The inspection shall ascertain whether the dentist has a properly equipped facility for the administration of parenteral sedation, staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with incidental procedures, problems, and emergencies.
(2) In conducting the on-site inspection and evaluations required in this subsection, the board shall appoint a team of examiners. The team of examiners shall consist of at least one licensed dentist who holds a parenteral sedation permit and at least two other individuals as prescribed by the board pursuant to its rules.
(d) A dentist using parenteral sedation shall have successfully completed training in Advanced Cardiovascular Life Support (ACLS), and his or her auxiliary personnel shall have successfully completed training in Basic Life Support (BLS).
(e) Each dentist who has not been using parenteral sedation, pending complete processing of an application and a thorough on-site evaluation, may be granted one temporary provisional permit by the board at a time, if the applicant produces evidence that he or she has complied with this section.
(Acts 1985, No. 85-697, p. 1120, §5; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Acts 1989, No. 89-407, p. 868, §3; Acts 1993, No. 93-159, p. 241, §3; Act 2009-18, p. 43, §5; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)
The board shall renew the parenteral sedation permit annually, upon payment of a renewal fee, unless the holder is informed in writing that a reevaluation of his or her credentials and facility is necessary. In determining whether the reevaluation is necessary, the board shall consider any factors as it deems pertinent including, but not limited to, patient complaints and reports of adverse occurrences. The reevaluation shall be performed as provided in paragraph b. of subdivision (2) of Section 34-9-60.
(Acts 1985, No. 85-697, p. 1120, §6; Acts 1988, 1st Ex. Sess., No. 88-854, p. 327, §1; Acts 1989, No. 89-407, p. 868, §3; Acts 1993, No. 93-159, p. 241, §3; Act 2009-18, p. 43, §5.)
(a) All licensees engaged in the practice of dentistry in the state must submit a complete report within a period of 30 days to the Board of Dental Examiners of any mortality or other incident occurring in the outpatient facilities of such dentist which results in permanent physical or mental injury of the patient as a direct result of general anesthesia or sedation techniques.
(b) The Board of Dental Examiners shall have authority to adopt rules and regulations implementing and enforcing the provisions of this section.
(c) Violation of any provision of this section shall subject the dentist to the penalties outlined in Section 34-9-18 and no order imposing those penalties shall be made or entered except after notice and hearing by the board as provided in Chapter 9, Title 34. Such order shall be subject to judicial review as provided by such chapter.
(Acts 1985, No. 85-697, p. 1120, §7.)
As used in this article, the following terms shall have the following meanings:
(1) ANALGESIA. The diminution or elimination of pain in the conscious patient.
(2) ANXIOLYSIS. A pharmacological induced state, oral or inhalation, where a patient experiences a diminution of anxiety.
(3) BOARD. The Alabama Board of Dental Examiners.
(4) ENTERAL. Any technique of administration in which the agent is absorbed through the gastrointestinal (GI) tract or oral mucosa (i.e., oral, rectal, sub lingual).
(5) INHALATION. A technique of administration in which a gaseous or volatile agent is introduced into the pulmonary tree and the primary effect is due to absorption through the pulmonary bed.
(6) LOCALIZED ANESTHESIA. The elimination of sensations, especially pain, in one part of the body by the topical application or regional injection of a drug.
(7) ORAL CONSCIOUS SEDATION. A depressed level of consciousness that retains the patient’s ability to independently and continuously maintain an airway and to respond appropriately to physical stimulation or verbal command and that is produced by a pharmacological or nonpharmacological method or a combination thereof. Oral conscious sedation does not include the administration of a medication given only for the purpose of diminution of anxiety. An oral conscious sedation permit is not required for the use of inhalation nitrous oxide following the administration of a medication given only for the purpose of diminution of anxiety.
(Act 2005-298, 1st Sp. Sess., p. 563, §1.)
In order to administer oral conscious sedation, a dentist must possess a general anesthesia permit, a parenteral sedation permit, or an oral conscious sedation permit from the board. In order to receive an oral conscious sedation permit, the dentist must apply on a prescribed application form to the board and submit an application fee. The dentist applying for the permit must show evidence that he or she has done at least one of the following:
(1) Has completed an American Dental Association accredited postgraduate general dentistry or specialty residency program which included specific training in oral conscious sedation.
(2) Has completed a minimum of 16 hours’ training in oral conscious sedation in a course approved by the board.
(3) Has certification of training in oral conscious sedation by any entity or organization approved by the board.
(Act 2005-298, 1st Sp. Sess., p. 563, §2; Act 2009-18, p. 43, §5.)
(a) A dentist using oral conscious sedation must comply with all of the following requirements:
(1) Patients to be treated under oral conscious sedation must be suitably evaluated prior to the start of any sedation procedure. Using the American Society of Anesthesiologists Patient Physical Status classifications the dentist should determine that the patient is an appropriate candidate for oral conscious sedation.
(2) The patient or guardian must be advised regarding the procedure associated with the delivery of any sedative agents and the appropriate written informed consent should be obtained.
(3) Inhalation equipment used in conjunction with oral conscious sedation must be evaluated prior to use on each patient. Determination of adequate oxygen supply must be completed prior to use with each patient.
(4) Appropriate verbal or written preoperative and postoperative instructions must be given to the patient or guardian.
(5) Baseline vital signs should be obtained unless the patient’s behavior prohibits such determination.
(6) Pretreatment physical evaluation should be performed as deemed appropriate.
(7) All medications and dosages used during an oral conscious sedation procedure must be recorded in the patient’s record of treatment.
(8) An emergency cart or kit must be readily accessible and must be available for immediate use during any sedation procedure.
(9) The only classification of drugs for sedation to be administered enterally by a responsible adult procedurally outside the treatment facility is minor tranquilizers. Minor tranquilizers (i.e., hydroxyzine or diazepam) do not include chloral hydrate or narcotics.
(10) Direct clinical observation and monitoring of the patient by a staff member must be continuous during the recovery period. The dentist shall assess the patient’s responsiveness and must determine that the patient has met discharge criteria prior to leaving the office and the patient must be discharged into the care of a responsible person.
(b) It shall be incumbent upon the operating dentist to insure that the patient is appropriately monitored. A sedated patient must be continuously kept under direct clinical observation by a trained individual. The sedated patient’s oxygen saturation must be monitored by pulse oximetry. Chest excursions must be observed and the color of mucosa and skin continually evaluated. Back-up emergency services should be identified and a protocol outlining necessary procedures for their immediate employment should be developed and operational for each facility.
(c) Any dentist utilizing oral conscious sedation procedures must have a properly equipped facility staffed with a supervised team of allied dental personnel who will be appropriately trained and capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. When inhalation equipment is used, in combination with orally administered sedatives, it must have a failsafe system that is appropriately checked and calibrated. The inhalation equipment must have the capacity for delivering 100 percent oxygen, and never less than 25 percent oxygen. A system for delivering oxygen must be available and must have adequate full-face mask and appropriate connectors, and be capable of delivering oxygen under positive pressure to the patient. Inhalation equipment must have a scavenging system. Suction equipment must be available that allows aspiration of the oral and pharyngeal cavities. A stethoscope and a sphygmomanometer with cuffs of appropriate size shall be immediately available.
(Act 2005-298, 1st Sp. Sess., p. 563, §3; Act 2011-571, p. 1165, §1.)
Allied dental personnel who assist dentists during oral conscious sedation procedures must be currently certified in cardiopulmonary resuscitation. During a sedation procedure, at least one additional person must be present in addition to the dentist. This may be a chair side dental assistant.
(Act 2005-298, 1st Sp. Sess., p. 563, §4.)
Any adverse consequence occurring with oral conscious sedation shall be reported to the board as required with general anesthesia and parenteral sedation.
(Act 2005-298, 1st Sp. Sess., p. 563, §5.)
The availability of oral conscious sedation, if advertised, shall be done without reference to sleep, snooze, or any other expression indicating a total or partial loss of consciousness.
(Act 2005-298, 1st Sp. Sess., p. 563, §6.)
Prior to issuance of a permit for oral conscious sedation, the board may require an on-site inspection of the personnel, the facility, and the equipment to determine if the requirements of this article have been met. The on-site inspection shall be conducted by an investigator employed by the board pursuant to Section 34-9-43 or by such other individuals as prescribed by the board pursuant to its rules.
(Act 2005-298, 1st Sp. Sess., p. 563, §7; Act 2023-362, §1.)
A dentist who holds only an oral conscious sedation permit may not use or administer general anesthesia or parenteral sedation, or both, as those terms are used in this chapter.
(Act 2005-298, 1st Sp. Sess., p. 563, §8.)
An oral conscious sedation permit must be renewed annually upon payment of a renewal fee and proof of completion of any continuing education requirements established by rule of the board.
(Act 2005-298, 1st Sp. Sess., p. 563, §9; Act 2009-18, p. 43, §5; Act 2018-274, §1.)
When oral conscious sedation is used on any patient under 12 years of age, the following provisions shall apply:
(1) The drugs, dosages, and techniques used should carry a margin of safety which is unlikely to render the patient noninteractive and nonarousable.
(2) Appropriately sized emergency equipment must be available.
(Act 2005-298, 1st Sp. Sess., p. 563, §10; Act 2011-571, p. 1165, §1.)
Violation of any provision of this article shall subject the dentist to the penalties in Section 34-9-18, and no order imposing those penalties shall be made or entered except after notice and hearing by the board as provided by that section. Such order shall be subject to judicial review.
(Act 2005-298, 1st Sp. Sess., p. 563, §12.)
(a) No person shall open, operate, or maintain a private employment agency in the State of Alabama without first procuring a license from the Commissioner of the State Department of Revenue of Alabama. Any person who shall open or conduct any such agency without first procuring a license shall be guilty of a misdemeanor and shall be punished as for a misdemeanor.
(b) Every applicant for a license shall have been a resident of the state of Alabama for at least two years immediately preceding the filing of such application and shall have had at least two years’ experience as a placement counsellor. The provisions of this subsection shall not apply, however, to persons or corporations now licensed in Alabama.
(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §1.)
(a) Every applicant for a license shall file with the Commissioner of Revenue a written application stating the name and address of the applicant, the street and number of the building in which the employment agency is to be conducted, the name of the person who is to be responsible for the general management of the office, the names and addresses of those financially interested therein, and the name under which the business of the office is to be carried on. The applicant shall also state on the application whether or not he or she is at the time of making application, or has at any previous time, been engaged or interested in the business of conducting an employment agency either in this state or any other state; and, if now or at any previous time engaged or interested in the business of conducting an employment agency, he or she shall state the name and address of the employment agency and the dates he or she was engaged or interested in the agency; or, if employed by any employment agency now or at any previous time, the applicant for a license shall state the name and address of the agency, the name of the person conducting the agency, the dates employed, and in what capacity.
(b) All applicants shall clearly state if they have operated in this state or any other state within the period of the last 15 years, and if so, under what authority, and if ever cited for cause, give final disposition of the breach of law or regulations. If the applicant is found guilty of perjury after issuance of a license by the State of Alabama, revocation of license shall be immediate.
(c) The applicant shall give as reference the names and addresses of at least three persons of reputed business or professional integrity. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of said corporation and shall be signed and sworn to by the president and treasurer thereof. If the applicant is a partnership, the application shall state the names and addresses of all partners therein and shall be signed and sworn to by all of them. The application shall be duly sworn to before an officer authorized to take oaths.
(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §2.)
(a) There shall appear on the license the name of the licensee, the location of the office where the employment agency is to be conducted, the name of the person who is to be charged with the general management, and the name under which the employment agency is to be carried on.
(b) The license shall be numbered and dated.
(c) In the event the services of the person charged with the general management of the employment agency terminates within the license year, the licensee shall so advise the Commissioner of Revenue, and the name of the person taking over the management shall be substituted on the license for the name of the person whose services have terminated, so that at all times the name of the person charged with the general management of the employment agency shall be known to the State Department of Revenue and shall appear on the license.
(d) Every license shall remain in force for 12 months next after its issuance, unless sooner surrendered, suspended, or revoked.
(e) Application for the renewal of a license shall be made to the Commissioner of Revenue at least 10 days prior to the expiration of the license.
(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §3.)
No license granted under the terms of this chapter shall be transferable, but an employment agency may, with the approval of the Commissioner of Revenue, at any time, incorporate or admit a partner or partners to the business or profession or make changes in a corporation, but no employment agency shall permit any person not mentioned in the application for a license to become connected with the employment agency, as a partner or as an officer of a corporation, unless the written consent of the Commissioner of Revenue shall first be obtained. Such consent may be withheld only for a reason for which an original application for a license might have been rejected, if the person or persons in question had been mentioned therein.
(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §4.)
Every applicant for a license under this chapter shall pay an annual license fee of $50 upon issuance or renewal of the license, beginning on or before October 1, 1965, and annually thereafter.
(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §5.)
For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) BOARD. The State Board of Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by persons other than the principal engineer, including, as appropriate and without limitations, consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer.
(3) DISCIPLINARY ACTION. Any final written decision, order, consent agreement, public reprimand, or other formal action taken against an individual or firm by the board based upon a violation of this chapter or a board rule.
(4) ENGINEER INTERN. An individual who has been certified as an engineer intern by the board.
(5) ENGINEER or PROFESSIONAL ENGINEER. An individual who, by reason of his or her special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified to practice engineering as hereinafter defined and has been licensed by the board as a professional engineer. The board may designate a professional engineer, on the basis of education, experience, and examination, as being licensed in a specific discipline or branch of engineering signifying the area in which the engineer has demonstrated competence.
(6) ENGINEERING SURVEY. All survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, rights-of-way, and easement acquisitions relative to the centerline of the project. Engineering surveys may be used to locate, relocate, establish, reestablish, layout, or retrace any road, right-of-way, easement, or alignment relative to the centerline of the project. Additionally, engineering surveys may be performed to determine areas, volumes, or physical features of the earth, elevation of all real property, improvements on the earth, and the configuration or contour of the surface of the earth or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics. All engineering surveys shall exclude the surveying of real property for the establishment of any property line or land boundaries, setting of corners or monuments, and the dependent or independent surveys or resurveys of the public land survey system.
(7) FIRM. Any form of business or entity other than an individual operating as a sole proprietorship under his or her own name.
(8) LAND SURVEYOR INTERN. An individual who has been certified as a land surveyor intern by the board.
(9) LAND SURVEYOR or PROFESSIONAL LAND SURVEYOR. An individual who is a professional specialist in the technique of measuring land, educated in the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisites to surveying of real property, is qualified to practice land surveying, and has been licensed as a professional land surveyor by the board.
(10) MANAGING AGENT. An individual who is licensed under this chapter and who has been designated pursuant to this chapter by a firm.
(11) PERSON. An individual or firm.
(12) PRACTICE and OFFER TO PRACTICE. Any person shall be construed to practice or offer to practice engineering or land surveying, within the meaning and intent of this chapter, who practices any discipline or any branch of engineering or land surveying; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer or a professional land surveyor, or through the use of some other title implies that he or she is a professional engineer or a professional land surveyor or that the person is licensed or authorized under this chapter; or who represents himself or herself as able to perform or who does perform any engineering or land surveying service or work or any other service designated by the practitioner which is recognized as engineering or land surveying.
(13) PRACTICE OF ENGINEERING. a. Any professional service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work that includes any one or more of the following:
Consultation, investigation, evaluation, planning, design and design coordination, or commissioning of engineering works, products, and systems.
Planning the use of land, air, or water.
Performing engineering surveys and studies.
The review of construction for the purpose of monitoring compliance with drawings and specifications.
b. Any service or work described in paragraph a., either public or private, that is made in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, communications systems, transportation systems, industrial or consumer products, or equipment of a control system; or is of a mechanical, electrical, hydraulic, pneumatic, chemical, environmental, or thermal nature, insofar as the service or work involves safeguarding health, life, safety, welfare, and property. The term includes other professional services as may be necessary to the planning, progress, and completion of any engineering services.
c. The term does not include the practice of architecture except such architectural work as is incidental to the practice of professional engineering; nor shall the term include work ordinarily performed by persons who operate or maintain machinery or equipment.
d. The practice of engineering includes the offering of expert opinion in any legal proceeding in Alabama regarding work legally required to be performed under an Alabama engineer’s license number or seal, which opinion may be given by an engineer licensed in any jurisdiction. Notwithstanding any other provision of this chapter, in qualifying a witness to offer expert testimony on the practice of engineering, the court shall consider as evidence of his or her expertise whether the proposed witness holds a valid Alabama license for the practice of engineering; provided, however, the qualification by the court shall not be withheld from an otherwise qualified witness solely on the basis of the failure of the proposed witness to hold a valid Alabama license or license from another jurisdiction.
(14) PRACTICE OF LAND SURVEYING. a. Professional services using such sciences as mathematics and geodesy, and involving the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, the space on, above, or below the earth, and providing, utilizing, or developing the same land survey products such as graphics, data, maps, plans, reports, descriptions, or projects, improvements on, above, or below the earth.
b. The term includes consultation, project coordination, including the coordination of technical submissions proposed by others, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting gathered measurements and information relating to any one or more of the following:
Determining by measurement the configuration or contour of the earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.
Determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth.
Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of any tract of land, road, right of way, alignment or easement or elevation of all real property whether or not fixed works are sited or proposed to be sited on the property.
Making any survey for the division, subdivision, or consolidation of any tract or tracts of land or for condominiums.
Locating or laying out alignments, positions, or elevations for the construction of fixed works.
Determining, by the use of principles of land surveying, the position for any survey monument or reference point, or establishing or replacing any such monument or reference point.
Geodetic surveying which includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry.
Creating, preparing, or modifying electronic or computerized or other data, including land information systems and geographic land information systems relative to the performance of the activities described above.
c. The term may include the performance of engineering surveys.
d. The term does not include functions unique to engineering as specified by rules of the board, geographic information systems professionals holding certification from the GIS Certification Institute, or remote sensing professionals holding certifications from the American Society of Photogrammetry and Remote Sensing or other nationally recognized accreditation group as determined by the board.
e. Nothing herein shall in any way prohibit mapping, plotting, or locating, or other similar use of GPS, GIS, or other similar data by those not licensed to practice land surveying, provided the work is not used in the conveyance of property.
(15) RESPONSIBLE CHARGE. Direct control and personal supervision of engineering work or land surveying work.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §2; Acts 1967, No. 739, p. 1576, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2002-514, p. 1323, §1; Act 2007-365, p. 715, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §1.)
(a) A person in either public or private capacity may not practice or offer to practice engineering or land surveying, unless he or she shall first have submitted evidence that he or she is qualified so to practice and shall be licensed by the board as hereinafter provided or unless he or she is specifically exempted from licensure under this chapter.
(b) Except as otherwise provided in this chapter, all engineering design of buildings, structures, products, machines, processes, and systems that can affect health, life, safety, welfare, and property shall be conducted under the responsible charge of a licensed professional engineer.
(c) In order to safeguard health, life, safety, welfare, and property, the practice of engineering in this state is a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of the other learned professions in this state. It shall be unlawful for any person to practice or offer to practice professional engineering in this state to hold himself or herself out or refer to himself or herself by any title or description stating or implying the person is licensed to engage in the practice of engineering, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including, but not limited to, the terms engineer, engineers, engineering, professional engineer, professional engineers, professional engineering, P.E., or any modification or derivative thereof, tending to convey the impression that he or she is a professional engineer unless the person has been duly licensed or is exempt from licensure under this chapter. A person whose firm name shall have contained the word “engineer,” “engineers,” or “engineering,” or words of like import, for more than 15 years before September 12, 1966, shall not be prohibited from continuing the use of such word or words in his or her firm name.
(d) In order to safeguard health, life, safety, welfare, and property, the practice of land surveying in this state is a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of the other learned professions in this state. It shall be unlawful for any person to practice or offer to practice professional land surveying in this state, to hold himself or herself out or refer to himself or herself by any title or description stating or implying the person is licensed to engage in the practice of land surveying, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including, but not limited to, the terms land surveyor, land surveyors, land surveying, professional land surveyor, professional land surveyors, professional land surveying, P.L.S., or any modification or derivative thereof, tending to convey the impression that he or she is a professional land surveyor unless the person has been duly licensed or is exempt from licensure under this chapter.
(e) As used in this subsection, the term professional land surveyor shall include the agents, the employees, and any personnel under the supervision of a professional land surveyor.
(1) A professional land surveyor may go on, over, and upon the land of others which is not enclosed by any device installed to deter entry to or exit from industrial facilities or plant sites by humans or vehicles, if necessary to perform surveys for the location of section corners, quarter corners, property corners, boundary lines, rights-of-way, and easements, and may carry and utilize equipment and vehicles. Entry under the right granted in this subdivision shall not constitute trespass. A professional land surveyor shall not be liable to arrest or to a civil action for trespass by reason of this entry.
(2) Nothing in this subsection shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner and nothing in this section shall be construed as removing civil liability for the damages.
(3) A professional land surveyor shall make reasonable effort to notify adjoining landowners upon whose land it is necessary to enter.
(4) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon his or her land under this subsection.
(5) Nothing in this subsection shall limit the rights of condemning authorities under Sections 18-1A-50 to 18-1A-55, inclusive.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §1; Acts 1966, Ex. Sess., No. 329, p. 462, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)
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.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §11; Acts 1975, No. 1049, p. 2107, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §1.)
The board may approve engineering, land surveying, and related science programs which shall be accepted under the following criteria:
(1) PROFESSIONAL ENGINEER. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer:
a. Graduation and experience plus examination.
Graduation in an approved engineering curriculum plus four years experience. A graduate of an approved engineering curriculum of four years or more from a school or college approved by the board who has successfully passed a board-approved examination in the fundamental engineering subjects and in the principles and practice of engineering and has a specific record of an additional four years or more of progressive experience in engineering work of a grade and character satisfactory to the board shall be granted a certificate of licensure to practice engineering in this state, provided the applicant is otherwise qualified.
Graduation in an unapproved engineering curriculum plus six years experience. A graduate of an unapproved engineering curriculum of four years or more who has successfully passed a board- approved examination in the fundamental engineering subjects and in the principles and practice of engineering and has a specific record of an additional six years or more of progressive experience in engineering work of a grade and character satisfactory to the board shall be granted a certificate of licensure to practice engineering in this state, provided the applicant is otherwise qualified.
b. Comity. The board may, upon application, issue a certificate of licensure as a professional engineer to any person who holds a valid professional engineering certificate issued by any jurisdiction of the United States or of any country; provided, that the education, experience, and examination qualifications of the applicant are, in the judgment of the board, of a standard not lower than that specified in the applicable licensure act in effect in Alabama at the time such certificate was issued.
(2) ENGINEER INTERN. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for certification as an engineer intern:
a. Graduation and examination. A graduate of an approved engineering curriculum of four years or more from a school or college approved by the board who has successfully passed a board-approved examination in the fundamental engineering subjects shall be certified as an engineer intern, if otherwise qualified.
b. Graduation and examination plus experience. Graduation in an unapproved engineering curriculum plus two years experience. A graduate of an unapproved engineering curriculum of four years or more who has successfully passed a board-approved examination in the fundamental engineering subjects and who has a specific record of two years or more of progressive experience in engineering work of a grade and character satisfactory to the board shall be certified as an engineer intern, if otherwise qualified.
c. Comity. The education, experience, and examination qualifications of the applicant are, in the judgment of the board, of a standard not lower than that specified in the applicable licensure act in effect in Alabama at the time such certificate was issued. Fundamentals of engineering examinations of comparable character taken and passed in another jurisdiction may be accepted by the board.
(3) PROFESSIONAL LAND SURVEYOR. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional land surveyor.
a. Graduation and experience plus examination.
Graduation in an approved land surveying curriculum plus four years experience. A graduate of an approved land surveying curriculum of four years or more, or a graduate of an approved civil engineering curriculum of four years or more, including a minimum of 15 semester hours or 22.5 quarter hours of land surveying courses from a school or college approved by the board who has successfully passed board-approved examinations in the fundamentals of surveying and in the principles and practice of surveying and has a specific record of four years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be admitted to a board-approved examination on laws, procedures, and practices pertaining to land surveying in this state. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, provided the applicant is otherwise qualified.
Graduation in an approved curriculum related to surveying plus five years’ experience. A graduate of a curriculum related to surveying of four years or more including a minimum of 15 semester hours or 22.5 quarter hours of surveying courses from a school or college approved by the board who has successfully passed board-approved examinations in the fundamentals of surveying and in the principles and practice of land surveying and has a specific record of five years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be admitted to a board-approved examination of laws, procedures, and practices pertaining to land surveying in this state. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, provided the applicant is otherwise qualified.
Graduation in a related science curriculum plus six years’ experience. A graduate of a related science curriculum of four years or more from a school or college approved by the board who has successfully passed board-approved examinations in fundamentals of surveying and in the principles and practice of land surveying and has a specific record of an additional six years or more of progressive combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be admitted to a board-approved examination of laws, procedures, and practices pertaining to land surveying in this state. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, provided the applicant is otherwise qualified.
b. Comity. The board, upon application, may grant to any person who holds a valid professional land surveying certificate issued by any jurisdiction of the United States or of any country, admission into a board-approved examination of laws, procedures, and practices pertaining to land surveying in this state, provided that the education, experience, and examination qualifications of the applicant are, in the judgment of the board, of a standard not lower than that specified in the applicable licensure act in effect in this state at the time such certificate was issued. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice land surveying in this state, provided the applicant is otherwise qualified.
(4) LAND SURVEYOR INTERN. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for certification as a land surveyor intern:
a. Graduation plus examination. Graduation in an approved land surveying curriculum. A graduate of a land surveying or civil engineering curriculum of four years or more including a minimum of 15 semester hours or 22.5 quarter hours of land surveying courses from a school or college approved by the board who has successfully passed a board-approved examination in the fundamentals of surveying shall be certified as a land surveyor intern, if otherwise qualified.
b. Graduation and examination plus experience.
Graduation in an approved curriculum related to surveying plus one year’s experience. A graduate of a curriculum related to surveying of four years or more including a minimum of 15 semester hours or 22.5 quarter hours of surveying courses from a school or college approved by the board who has successfully passed a board-approved examination in the fundamentals of surveying and has a specific record of an additional one year or more of combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be certified as a land surveyor intern, if otherwise qualified.
Graduation in a related science curriculum plus two years’ experience. A graduate of a related science curriculum of four years or more who has successfully passed a board-approved examination in the fundamentals of surveying and has a specific record of an additional two years or more of combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be certified as a land surveyor intern, if otherwise qualified.
Graduation in an approved associate of science degree in surveying or engineering plus two years’ experience. A graduate of an approved associate of science degree program in surveying or engineering including a minimum of 15 semester hours or 22.5 quarter hours of land surveying courses from a school or college approved by the board who has successfully passed a board-approved examination in the fundamentals of surveying and has a specific record of an additional two years or more of combined office and field experience in land surveying work of a grade and character satisfactory to the board shall be certified as a land surveyor intern, if otherwise qualified.
c. Comity. The education, experience, and examination qualifications of the applicant are, in the judgment of the board, of a standard not lower than that specified in the applicable licensure act in effect in Alabama at the time such certificate was issued. The board may accept fundamentals of land surveying examinations of comparable character taken and passed in another jurisdiction.
(5) CHARACTER. No person shall be eligible for licensure as a professional engineer, certification as an engineer intern, licensure as a professional land surveyor, or certification as a land surveyor intern who is not of good character and reputation.
(6) TEACHING CREDITS. In considering the qualifications of applicants, teaching in an engineering curriculum approved by the board may be considered as engineering experience. Teaching land surveying subjects in a land surveying curriculum approved by the board may be considered as land surveying experience.
(7) GRADUATE STUDY. In counting years of experience for professional engineer licensure, the board may give credit, not in excess of one year, for successful completion of graduate study leading to a master’s degree in engineering. If a Ph.D. in engineering is completed, a total of two years’ experience may be credited. The two-year credit shall include one year for the master’s degree. If the Ph.D. is obtained without the master’s degree, the credit for experience shall be two years. In counting years of experience for professional land surveyor licensure, the board may give credit, not in excess of one year, for successful completion of graduate study leading to a master’s degree in land surveying. If a Ph.D. in land surveying is completed, a total of two years’ experience may be credited. The credit of two years shall include one year for the master’s degree. If the Ph.D. is obtained without the master’s degree, the credit for experience shall be two years.
(8) NONPRACTICING APPLICANTS. Any person having the necessary qualifications prescribed in this chapter to entitle the applicant to licensure shall be eligible for licensure although the applicant may not be practicing engineering or land surveying at the time of making application.
(9) RECOGNITION OF PREVIOUSLY TAKEN EXAMINATIONS. The board may accept fundamentals and principles and practice examinations of comparable character taken and passed in another jurisdiction.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §12; Acts 1967, No. 739, p. 1576, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1995, No. 95-282, p. 516, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2009-642, p. 1975, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §1.)
(a) Applications for licensure as a professional engineer, professional land surveyor, engineer intern, or land surveyor intern shall be on forms prescribed and furnished by the board and shall contain a declaration made under penalty of perjury. Three or more of the references contained in an application for licensure as a professional engineer shall be professional engineers having personal knowledge of the applicant’s engineering experience. Three or more of the references contained in an application for professional land surveyor shall be professional land surveyors having personal knowledge of the land surveying experience of the applicant. All references furnished shall be considered confidential records of the board. Any individual who was previously licensed in this state and whose license is eligible for reinstatement as outlined in this chapter shall comply with the reinstatement procedures established by the board instead of the submission of a new application.
(b) The application fee for professional engineers or professional land surveyors shall include the licensure fee, shall be set by the board, shall not exceed three hundred dollars ($300), and shall accompany the application.
(c) The application fee for engineer interns and land surveyor interns shall include the certification fee, shall be set by the board, shall not exceed fifty dollars ($50), and shall accompany the application.
(d) If the board denies certification or licensure to any applicant, the fee paid shall be retained as an application fee.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §13; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §1.)
(a) Examinations shall be held at such times and places as the board determines and upon payment of an examination fee. The board shall determine the acceptable passing grade on state-specific examinations.
(b) When examinations are required on fundamental subjects, the applicant shall be permitted to take this part of the professional examination as specified by rules of the board.
(c) When examinations are required on applied subjects, the applicant shall be permitted to take this part of the professional examination as specified by guidelines established by the board. The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to the applicant’s ability to design and supervise engineering or land surveying works so as to protect health, life, safety, welfare, and property. Examinations shall be given for the purpose of determining the qualifications of applicants for licensure separately in engineering and in land surveying. A candidate failing an examination may apply for reexamination under guidelines established by the board.
(d) The board may prepare and require additional examinations in engineering and land surveying. Specifications for additional examinations shall be published and be made available to any individual interested in being licensed as a professional engineer or professional land surveyor. The fees for examination, reexamination, and administration of the examination on the laws, procedures, and practices pertaining to engineering and land surveying in this state shall be set by the board.
(e) The board may contract with an independent testing agency to prepare, grade, or conduct the required examinations. For those examinations so designated by the board, the applicant shall pay the examination fees directly to the board authorized testing agency. The examination fee for the state-specific examinations shall be paid directly to the board.
(f) The board shall require a demonstration of continuing professional education for professional engineers and professional land surveyors as a condition of renewal or relicensure. For professional land surveyors, the continuing professional education requirements shall include a minimum of four professional development credit hours on the Standards for Practice of Surveying in the State of Alabama every two years and one professional development credit hour on ethics every year; provided, however, the total number of professional development credit hours required of professional land surveyors by the board shall not increase overall because of this requirement. A new professional land surveyor shall complete the Standards for Practice of Surveying in the State of Alabama credits within two years and complete the ethics credit within one year of initial licensure. Credit for these courses shall count toward the succeeding annual or biennial continuing professional education requirements.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §14; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §1.)
(a) The board shall issue a certificate of licensure to any applicant for licensure as a professional engineer or professional land surveyor who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In the case of a professional engineer, the certificate shall authorize the practice of engineering and shall carry the designation “Professional Engineer”. In the case of a professional land surveyor, the certificate shall authorize the practice of land surveying and shall carry the designation “Professional Land Surveyor”. Certificates of licensure shall show the name of the licensee, shall have a license number, and shall be signed by individuals authorized by the board under the seal of the board.
(b) The issuance of a certificate of licensure by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges and is bound by all responsibilities of a professional engineer or of a professional land surveyor as long as the certificate of licensure remains active and unrestricted.
(c) Upon licensure, each licensee shall obtain a seal of the design authorized by the board, bearing the licensee’s name, licensure number, and the legend, “licensed professional engineer” or “licensed professional land surveyor,” as applicable. Drawings, plans, specifications, plats, reports, and other documents considered work product issued by a licensee must be sealed, signed, and dated in accordance with rules of the board, thereby certifying that he or she is competent in the subject matter and is responsible for the work product. A digital signature may be used in lieu of a handwritten signature.
(d) The board shall issue to any applicant for certification as an engineer intern or surveyor intern who, in the opinion of the board, has met the requirements of this chapter, an enrollment document identifying the individual as an engineer intern or land surveyor intern, as applicable. The engineer intern or surveyor intern enrollment document does not authorize the holder to practice as a professional engineer or a professional land surveyor.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §15; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2009-642, p. 1975, §1; Act 2018-550, §1.)
(a) The board, by rule, shall establish a procedure for renewing certificates of licensure on an annual or a biennial basis. It shall be the duty of the board to notify every licensee under this chapter of the expiration of the license and the fee required for the renewal. The board shall establish the renewal fee for each certificate of licensure which shall not exceed two hundred dollars ($200) for annual renewal or four hundred dollars ($400) for biennial renewal.
(b) No licensee shall have his or her license renewed unless, in addition to any other requirements of this chapter, the minimum annual or biennial continuing professional education requirement is met. It is further provided that the continuing professional education program herein required shall not include testing or examination of the licensee in any manner. The board may, by rules, establish exemptions from the continuing professional education requirement for inactive licensees and others in extenuating circumstances as identified by rule of the board.
(c) Enrollment as engineer interns and land surveyor interns shall not expire.
(d) An individual who allows a license to expire due to non-renewal, fails to submit the required continuing education hours, or fails to pay the applicable renewal fees shall be treated as having an expired license and shall be ineligible to practice. An expired license may be reinstated at the discretion of the board, as follows:
(1) The license of a licensee who submits a reinstatement petition within two years of the expiration date may be reinstated upon substantiation by the applicant of all renewal requirements set forth in this chapter and rules of the board, including completion of all continuing education credits required to have been completed during the expired status period, along with a reinstatement fee determined by the board which shall not exceed five hundred dollars ($500).
(2) Licensees whose licenses have been in expired status longer than two years are not eligible for reinstatement and must file an application for licensure following the application procedures as set forth in this chapter.
(3) The board may impose additional reasonable requirements for reinstatement deemed necessary to protect health, life, safety, welfare, and property.
(4) The board may consider extenuating circumstances of petitioners who can demonstrate hardship. The board may waive fees and other renewal or reinstatement requirements, provided the board does so in a manner that protects health, life, safety, welfare, and property.
(e) A licensee in inactive status may return to active status by notifying the board in advance of this intention and by meeting all requirements of the board, including demonstration of continuing professional education as a condition of reinstatement.
(f) An individual who has been issued a certificate of licensure as a professional engineer or as a professional land surveyor and who chooses to relinquish or not to renew a license may be granted use of the title “Professional Engineer, Retired” or “Professional Land Surveyor, Retired,” as applicable, if the individual applies to and is granted approval by the board.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §16; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1991, No. 91-199, p. 375, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)
(a)(1) A firm that practices or offers to practice engineering or land surveying is required to obtain a certificate of authorization from the board in accordance with rules adopted by the board.
(2) An entity that performs engineering services or land surveying services for itself, or for a parent or subsidiary, is not required to have a certificate of authorization.
(3) A firm may not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. An individual practicing engineering or land surveying under this chapter is not relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.
(4) The Secretary of State may not accept organizational papers nor issue a certificate of incorporation, organization, licensure, or authorization to any firm that includes among the objectives for which it is established or within its name, any of the words “engineer,” “engineering,” “land surveyor,” “land surveying,” or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate. The firm applying shall supply their certificate or letter from the board with its application for incorporation, organization, licensure, or authorization.
(5) The Secretary of State may not authorize any trade name trademark, service mark that includes words set forth in subdivision (4), or any modification or derivative thereof, except licensees and firms holding certificates of authorization issued under this section.
(6) For the purposes of this section, a certificate of authorization shall be required by a firm practicing under a fictitious name, offering engineering or land surveying services to the public. Where a licensee is practicing engineering or land surveying in his or her own given name, the licensee shall not be required to qualify under this section.
(7) The practice of engineering or land surveying incidental to or in connection with production, manufacture, transportation, distribution, or communication may be carried on by any firm engaged in the production, manufacture, transportation, distribution, or communication and does not require a certificate of authorization. The engineering and land surveying services shall be performed by or under the direction of a professional engineer or professional land surveyor licensed in conformity with this chapter. All drawings, plans, specifications, plats, and reports involving the practice of engineering or land surveying shall when issued be dated and bear the seal or facsimile of the seal, signature, and licensure number of the professional engineer or land surveyor in responsible charge thereof.
(b) A firm shall designate a managing agent and a resident professional if offering or performing Alabama services in multiple offices. The managing agent and the resident professional may be the same individual.
(c) The following criteria shall apply to a firm’s designation of a managing agent:
(1) A firm shall designate a professional engineer or a professional land surveyor to be a managing agent for the firm.
(2) The managing agent is responsible for the engineering or land surveying work in the state and for projects within the state offered or provided by the firm.
(3) A licensee may not be designated as a managing agent for more than one firm unless the firms share a location.
(4) A licensee who renders occasional, part-time, or consulting engineering or land surveying services to or for a firm may not be designated as a managing agent.
(d) The managing agent’s responsibilities include all of the following:
(1) Renewal of the firm’s certificate of authorization and notification to the board of any change in the managing agent.
(2) Overall administrative supervision of the firm’s licensed and subordinate personnel providing the engineering or land surveying work in the state.
(3) Ensuring that the policies of the firm are in accordance with the rules of professional conduct adopted by the board.
(e) A firm shall designate a resident professional engineer or a resident professional land surveyor, as applicable, in each branch office in which engineering or land surveying services for the state are offered or provided. The resident professional shall be responsible for overseeing the daily operations of that branch office. The following criteria shall apply to the firm’s designation of a resident professional:
(1) A licensee may not be designated as a resident for more than one firm unless the firms share a location.
(2) A licensee who renders occasional, part-time, consulting engineering or land surveying services to or for a firm may not be designated as a resident professional.
(f)(1) A firm desiring a certificate of authorization must file with the board an application using a form provided by the board and provide all the information required by the board. The application form shall be filed with the board upon renewal or not more than 30 days after any information contained on the application form is changed or differs for any reason. If in the judgment of the board the application meets the requirements of this chapter, the board shall issue a certificate of authorization for the firm to practice engineering or land surveying.
(2) The application fee for a certificate of authorization for a firm shall be established by the board, may not exceed two hundred fifty dollars ($250), and shall accompany the application. The fee is non-refundable.
(g)(1) A certificate of authorization expires on the date designated by the board and is invalid after that date unless renewed. The board shall notify a firm holding a certificate of authorization under this chapter of the date of the expiration of the certificate of authorization and the fee required for its renewal. The board shall establish the renewal fee which may not exceed two hundred fifty dollars ($250).
(2) A firm that allows a certificate of authorization to expire due to non-renewal shall be treated as having an expired certificate and it shall be unlawful for the firm to practice, offer to practice, or hold itself out as qualified to practice in this state following the expiration of its certificate of authorization.
(3) The board, by rule, shall establish procedures, time limits, and the reinstatement fee which shall not exceed five hundred dollars ($500), required for reinstating an expired certificate of authorization.
(h) A firm whose certificate of authorization has expired due to nonrenewal but is still eligible for reinstatement shall continue to be subject to this chapter and the rules of the board until the certificate of authorization is revoked by action of the board or becomes no longer eligible for reinstatement.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §18; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1991, No. 91-199, p. 375, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)
A duplicate certificate of licensure, intern enrollment document, or certificate of authorization may be issued subject to the rules of the board. A fee established by rule shall be paid for each issuance.
(Act 2018-550, §2.)
A state, county, or local governmental agency or authority, or an official or employee thereof, may not engage in the practice of engineering or land surveying involving either public or private property without the project being under the responsible charge of a professional engineer for engineering projects or a professional land surveyor for land surveying projects as provided for the practice of the respective professions by this chapter; provided, that nothing in this chapter shall be held to apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $20,000.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §19; Act 2018-550, §3.)
(a) The board may reprimand, censure, suspend, revoke, place on probation, recover costs, or fine any licensee or certified engineer intern or land surveyor intern or firm holding a certificate of authorization or refuse to issue, renew, or reinstate the certificate of any licensee or certified engineer intern or land surveyor intern or the certificate of authorization of a firm found guilty of any of the following:
(1) The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, intern certification, or certificate of authorization.
(2) Any gross negligence, incompetency, violation of the rules of professional conduct prescribed by the board, or misconduct in the practice of engineering or land surveying as a professional engineer, engineer intern, professional land surveyor, or land surveyor intern.
(3) Falsely representing himself or herself as being in responsible charge of engineering work or land surveying.
(4) Permitting his or her seal, or facsimile thereof, to be used by another.
(5) Voluntarily surrendering a professional engineer’s license, a professional land surveyor’s license, an engineer intern’s certification, a land surveyor intern’s certification, a firm’s engineering certificate of authorization, or a firm’s land surveying certificate of authorization in order to avoid disciplinary action by another jurisdiction, foreign country, or the United States government if at least one of the grounds for the disciplinary action is the same or substantially equivalent to those contained in this chapter.
(6) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony, whether or not related to the practice of engineering or land surveying; or conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.
(7) Failure to comply with any provision of this chapter or board rule.
(8) Failure to respond to a board inquiry within 60 days of receipt of the inquiry.
(9) Knowingly making false statements or signing false statements, certifications, or affidavits in connection with the practice of engineering or land surveying.
(10) Aiding or assisting another person in violating any provision of this chapter or board rule.
(11) Violating any term of any order imposed or agreed to by the board or using a seal or practicing engineering or land surveying while the licensee’s license or the firm’s certificate of authorization is inactive or restricted.
(12) Signing, affixing, or permitting the licensee’s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document or calculation, survey, or revision that has not been prepared by the licensee or under the licensee’s responsible charge.
(13) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(14) Providing false testimony or information to the board.
(15) Providing engineering or land surveying services outside any of the licensee’s areas of competence.
(16) Practicing engineering or land surveying in a branch office not under the day-to-day supervision of a licensed professional engineer or professional land surveyor, respectively.
(b) The board may impose any disciplinary penalty set forth in this section against a firm holding a certificate of authorization, when any one or more of the agents, employees, officers, partners, or owners of the firm, licensed or nonlicensed, have committed any act, or have been guilty of any conduct, which could authorize the imposition of any of the disciplinary penalties set forth in this section. The acts or conduct by the persons must have been related to the practice of or offer to practice of engineering or land surveying by the firm and the acts or conduct must have been performed or occurred within the scope of the employment of any such person and with the authorization, ratification, or approval of an officer, director, principal, partner, or owner of the firm.
(c) The board shall revoke the certificate of any licensee or certified intern who has been determined to be one of the following:
(1) Declared non compos mentis by a court of competent jurisdiction.
(2) Convicted of or entered a plea of guilty or nolo contendere to any crime under the laws of the United States or any state or territory thereof, which is a felony, whether related to practice or not and convicted of or entered a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.
(d) Each day of a continued violation shall constitute a separate offense.
(e) An individual whose license has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules governing licenses until the license is revoked by action of the board or the license is not eligible for reinstatement under the rules of the board. A licensee who practices or offers to practice in the state with an expired, inactive, or retired license shall be subject to disciplinary action by the board. Any firm whose certificate of authorization has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules until the certificate of authorization is revoked by action of the board or the certificate of authorization is not eligible for reinstatement under the rules of the board. A firm who practices or offers to practice in the state with an expired certificate of authorization shall be subject to disciplinary action by the board.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §20; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1984, 2nd Ex. Sess., No. 85-45, p. 68, §1; Acts 1987, No 87-414, p. 607, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §3.)
(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.
(Act 2018-550, §4.)
(a) Any person or entity, including the board or its staff, may file a complaint alleging a violation of this chapter against any individual licensee, certified intern, or firm holding a certificate of authorization or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed by the complainant, shall state specifically the facts on which the complaint is based, and shall be filed with the executive director of the board.
(b) The board may designate one or more individuals to investigate and report to it on any matter related to its lawful duties and may employ legal counsel as the board may deem necessary or desirable. An investigation may be made upon receipt of a complaint. The board may resolve violations by agreement between the board and the respondent with or without the filing of formal charges.
(c) All complaints shall be reviewed by an investigative committee designated by the rules of the board. After review, the investigative committee shall determine or recommend, as appropriate, if charges are warranted. The charges shall conform to the Administrative Procedure Act.
(d) With the consent of the respondent, the board may conduct an informal hearing without meeting the requirements of the Administrative Procedure Act at which no action shall be taken other than a reprimand, public or private.
(e) All charges, unless dismissed as unfounded or trivial, or unless settled informally, shall be heard by the board within a reasonable time.
(f) The time and place for the hearing shall be fixed and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on or mailed to the last known address of the respondent at least 30 days before the date fixed for the hearing. At any hearing the respondent shall have the right to appear in person or by counsel or both, to cross-examine witnesses in his or her defense, and to produce evidence and witnesses in his or her defense. If the respondent fails or refuses to appear at the hearing, the board may proceed to hear and determine the validity of the charges in the respondent’s absence.
(g) If after the hearing a majority of members of the board present vote to find the respondent guilty of the charges, the board shall impose one or more of the disciplinary penalties set forth in this section or Section 34-11-11. Any fine or penalty imposed may not exceed five thousand dollars ($5,000) for each count or separate offense. The written decision of the board shall be delivered personally to the respondent or sent by certified mail, return receipt requested, to the last known address of the respondent.
(h) If disciplinary action from a hearing results in imposing a fine or civil penalty against a licensee or certificated firm, the board may not renew the certificate for the licensee or certificated firm until the fine or penalty is paid in full. In the event that the fine or civil penalty is subsequently set aside on judicial review, as provided in the Alabama Administrative Procedure Act, the respondent shall be entitled to a prompt refund of the amount of the fine or penalty, but shall not be entitled to interest.
(i) When a member of the board is unable to continue the hearing either by disqualification or for any other reason, and the board is unable to reach a quorum, the Governor shall appoint as many ex officio members as is necessary to reach a quorum from a list of three persons submitted for each place by the committee of nine as specified in Section 34-11-30. These ex officio members shall serve on the board only for that hearing for which they were appointed and they may be reappointed for subsequent hearings if necessary. Ex officio members must meet the same board member qualifications as outlined in this chapter.
(j) The respondent shall be responsible for the cost of the disciplinary action if found in violation of this chapter.
(k) In determining the fine or civil penalty to be assessed pursuant to this chapter, the board may consider all of the following factors:
(1) Whether the amount imposed will be a substantial economic deterrent.
(2) The circumstances leading to the violation.
(3) The severity of the violation and the risk of harm to the public.
(4) The economic benefits gained by the violator as a result of non-compliance.
(5) Consistency of the fine or civil penalty with past fines or civil penalties for similar offenses, or justification for the fine or civil penalty amount.
(l) An action may be brought in the Circuit Court of Montgomery County to require compliance with any order of the board.
(m) When an order for recovery of costs is made and timely payment is not made as directed in the board’s decision, the board may enforce the order for payment in the Circuit Court of Montgomery County. This right of enforcement shall be in addition to any other rights the board may have as to any person directed to pay costs.
(n) In any action for recovery, the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(Act 2018-550, §4.)
The board, for reasons it may deem sufficient, may reissue a certificate of licensure or intern certification to any person or certificate of authorization to any firm whose certificate has been revoked, provided a majority of the board votes in favor of reissuance. The board shall not consider reissuance of a certificate to any person whose certificate has been revoked because of non compos mentis until after the person has been declared to have fully regained his or her competency by a court of competent jurisdiction. The board shall not consider the reissuance of a certificate to a person who was convicted of a felony or entered a plea of guilty or nolo contendere to a felony until the civil rights of the person have been restored, and then a majority approval vote of the board concerning reissuance shall be required.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §21; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 99-102, p. 120, §3; Act 2018-550, §5.)
Any person who is aggrieved by the denial of a certificate by the board or by any disciplinary action by the board taken pursuant to Section 34-11-11 may appeal within 30 days to the Circuit Court of Montgomery County, exclusively, notwithstanding the provisions of the Alabama Administrative Procedure Act; and only after the filing of the notice of appeal shall judicial review be as provided for in the Alabama Administrative Procedure Act.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §22; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1987, No. 87-414, p. 607, §3; Act 2018-550, §5.)
This chapter shall not be construed to prevent or to affect any of the following:
(1) The practice of any other legally recognized profession or trade.
(2) The work of an engineer intern or land surveyor intern, employee, or a subordinate of any person holding a certificate of licensure under this chapter, or any employee of a person practicing lawfully under paragraph b of subdivision (1) of Section 34-11-4, provided the work does not include final engineering or land surveying designs or decisions and is done under the responsible charge of and verified by an individual holding a certificate of licensure under this chapter.
(3) The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering or land surveying for the government. This exception does not extend to any engineer or land surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee.
(4) The practice of engineering or land surveying with respect to transportation or utility facilities by any transportation company or public utility subject to regulation by the Alabama Public Service Commission, the Federal Aviation Administration, the Federal Communications Commission, the Federal Energy Regulatory Commission, or the Nuclear Regulatory Commission, including its parents, affiliates, or subsidiaries; or by the officers and employees of any transportation company or public utility including its parents, affiliates, or subsidiaries. This exception shall not extend to any engineer or land surveyor engaged in the practice of engineering or land surveying whose compensation is based in whole or in part on a fee.
(5) The practice of engineering or land surveying by any person who is employed by the Alabama Department of Transportation prior to January 1, 1997, in any engineering or engineering assistant classification series under the State Merit System.
(6) The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent.
(7) The performance of engineering services which are purely incidental to the practice of architecture by registered architects, or their employees, or subordinates under their responsible supervising control.
(8) The performance of engineering services which are purely incidental to the practice of geology by registered geologists, their employees, or subordinates under their responsible charge.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §24; Acts 1997, No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §5.)
(a) Any person who practices, offers to practice, or holds himself or herself out as qualified to practice engineering or land surveying in this state or uses in connection with his or her name or otherwise assumes, uses, or advertises any title or description including, but not limited to, the term engineer, engineers, engineering, or professional engineer, professional engineers, or professional engineering, or land surveyor, land surveyors, land surveying, or professional land surveyor, professional land surveyors, or professional land surveying, without being licensed or exempted in accordance with this chapter, or any person presenting or attempting to use as his or her own the certificate of licensure or the seal or facsimile thereof of another, or permitting his or her own certificate of licensure, seal or facsimile thereof to be used by another person, or any person who gives any false or forged evidence of any kind to the board or to any member thereof in obtaining, or attempting to obtain a certificate of licensure, or any person who falsely impersonates any other licensee of like or different name, or any person who attempts to use an expired, suspended, surrendered, or revoked certificate of licensure, shall be guilty of a Class A misdemeanor. Each day of the violation shall constitute a separate offense.
(b) Any corporation, partnership, or firm who violates any part of this chapter shall be guilty of a Class A misdemeanor and punished as provided by law. Each day of the violation shall be a separate offense.
(c) It shall be the duty of all duly constituted officers of law of this state, or any political subdivision thereof, to enforce this chapter and to prosecute any persons, firms, partnerships, or corporations for violating this chapter. The Attorney General of the state or his or her assistants shall act as legal advisor to the board and render legal assistance to the board as may be necessary in carrying out this chapter. The board has the right to obtain private legal counsel as the need arises.
(d) Pursuant to the proceedings under this chapter, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the Attorney General to bring an action to enforce a subpoena.
(e) In addition to or in lieu of the sanctions provided in this chapter, the board may issue an order to any individual or firm engaged in any activity, conduct, or practice constituting a violation of this chapter, directing the individual or firm to cease and desist from the activity, conduct, or practice, or the performance of any work then being done or about to be commenced. The order shall be issued in the name of the State of Alabama under the official seal of the board. If the individual or firm to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of work immediately, the board shall cause to issue in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the individual or firm from engaging in the proscribed activity, conduct, practice, or performance of work. Upon a showing by the board that an individual or firm has engaged or is engaged in any activity, conduct, practice, or performance of work prohibited by this chapter, the courts shall issue a temporary restraining order restraining the individual or firm from engaging in the unlawful activity, conduct, practice, or performance of work pending the hearing on the preliminary injunction, and in due course a permanent injunction shall issue after the hearing commanding the cessation of the unlawful activity, conduct, practice, or performance of work complained of, all without the necessity of the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this chapter shall not be subject to being released on bond. In the suit for an injunction, the board may demand of the defendant a civil penalty of up to five thousand dollars ($5,000) plus costs and attorney fees for each offense. A judgment for penalties, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute. The trial of the proceeding by injunction shall be summary and by the trial judge without jury.
(f) Any person who fails to cease work, after a hearing and notification from the board, may not apply for a professional engineer’s or professional land surveyor’s license for a period not to exceed one year from the date of official notification to cease work.
(g) The board may withhold approval for up to six months, of any application from any person who, prior to the application, has been found in violation of this chapter.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §23; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 99-102, p. 120, §3; Act 2018-550, §5.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-550 EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-683, p. 1332, §2; Act 2004-501, p. 954, §1.)
(a) A State Board of Licensure for Professional Engineers and Land Surveyors is created. It shall be the duty of the board to administer this chapter. The board shall consist of five members licensed as professional engineers, two members licensed as professional land surveyors, and two public members. One of the professional land surveyor members may also be licensed as a professional engineer. All members shall be appointed by the Governor. The five professional engineers shall be appointed from a list of three persons nominated for each appointment by a professional engineer nominating committee; the two professional land surveyors shall be appointed from a list of three persons nominated for each appointment by the Alabama Society of Professional Land Surveyors; and, once the board has adopted rules establishing a public member nominating committee, the two public members shall be appointed from a list of three persons nominated for each appointment by the public member nominating committee. Nominations shall be made to the Governor as vacancies on the board occur, whether by the expiration of a term or otherwise. To the extent possible, the nominating committees, the Alabama Society of Professional Land Surveyors, and the Governor shall select those persons whose appointments ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state. Each member of the board, before beginning his or her term of office, shall file with the Secretary of State his or her written oath or affirmation for the faithful discharge of his or her duties.
(b) The professional engineer nominating committee shall consist of one professional engineer appointed or elected by each of the professional organizations specified in the rules of the board, and the public member nominating committee shall consist of one representative appointed or elected by each of the business development organizations specified in the rules of the board. Any other organization in the state having membership qualifications comparable to those professional organizations outlined in the rules of the board may petition the board for membership on a nominating committee. The board, by rule, may establish nominating committee operating guidelines and, by rule, may establish procedures for the removal of nonparticipating members of a nominating committee.
(c) Members of the board shall serve five-year terms. The members of the board shall continue to serve under this chapter until their respective terms expire. On the expiration of the term of each member, the Governor shall in the manner provided in this section appoint an individual to take the place of the member whose term on the board is about to expire. Vacancies occurring during a term shall be filled by appointment by the Governor, in the manner provided in this section, for the unexpired term. Each member shall hold office until the expiration of the term for which the member is appointed or until a successor is duly appointed and qualified. The terms of the members of the board shall be staggered, so that the terms of no more than two members shall expire in any year. No member of the board shall serve more than two consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for the purposes of this section. The initial appointment term for one public member shall be for two years and one term for the other public member shall be for five years. All subsequent terms for the public members shall be for five years. Board members serving on July 1, 2018 shall serve until the end of the term they are currently serving. At the conclusion of those terms, the appointment process will be adjusted to allow for the conversion to staggered terms.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §3; Acts 1995, No. 95-282, p. 516, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2003-141, p. 440, §3; Act 2009-642, p. 1975, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §5.)
(a) Board members shall at all times maintain eligibility to serve on the board avoiding relationships that would interfere with the board mission of protecting health, life, safety, welfare, and property.
(b) Each member of the board shall be a citizen of the United States and a resident of this state for at least six months.
(c) Each licensed professional engineer or licensed professional land surveyor shall hold an unexpired certificate under this chapter and shall have been licensed to practice engineering or land surveying, respectively, for at least 12 years.
(d) Each public member of the board shall be a resident of this state who is at least 40 years of age and is not, and never was, a professional engineer or professional land surveyor.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §4; Acts 1995, No. 95-282, p. 516, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)
Each member of the board shall be entitled to the maximum allowable per diem set by the board when actually attending to the work of the board or any of its committees and for the time spent in necessary travel and shall be reimbursed for traveling expenses as provided in Article 2 of Chapter 7 of Title 36, and incidental and clerical expenses necessarily incurred in carrying out this chapter.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §5; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)
The Governor may remove any member of the board for misconduct, incompetency, neglect of duty or for any other sufficient cause. Vacancies in the membership of the board by death, resignation, or for any reason shall be filled for the unexpired term by appointment by the Governor as provided in Section 34-11-30.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §6.)
The board shall hold at least two regular meetings each year. The two regular meetings of the board shall be held in the City of Montgomery. The legal office of the board shall be located in the City of Montgomery. Special meetings shall be held at the time and place as the rules of the board may provide. Notice of all meetings shall be given as the rules provide. The board shall elect or appoint annually from among its members the following officers: A chair, a vice chair, and a secretary. A quorum of the board shall consist of a simple majority of the board membership.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §7; Acts 1997, No. 97-683, p. 1332, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §5.)
(a) The board shall have the power to adopt and amend bylaws and rules not inconsistent with the constitution and laws of this state, as may be reasonably necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations, and conduct. The board shall have the power to adopt and amend from time to time rules of professional conduct for professional engineers, engineer interns, professional land surveyors, land surveyor interns, and corporations, partnerships, or firms holding certificates of authorization. The board shall adopt and have an official seal, which shall be affixed to each certificate issued.
(b) In carrying into effect its duties in any case involving the revocation of licensure or any disciplinary proceeding involving a licensee or the holder of a certificate of authorization or practicing or offering to practice without licensure, or false statement in connection with an application for licensure, the board may, under the hand of its chair and the seal of the board, subpoena witnesses and compel their attendance, and may also require the production of books, papers, documents, and other pertinent data. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena issued, or refuses to testify or produce any books, papers, or documents, the board may present its petition to the Circuit Court of Montgomery County, setting forth the facts, and thereupon the Circuit Court of Montgomery County shall, in a proper case, issue its subpoena to such person, requiring his or her attendance before the Circuit Court of Montgomery County and there to testify or to produce such books, papers, and documents, or data. Any person failing or refusing to obey the subpoena or order of the Circuit Court of Montgomery County may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Circuit Court of Montgomery County.
(c) The board is charged with the duty of seeing that this chapter is enforced. The board shall investigate any complaint relating to the violation of this chapter and, should a violation be indicated, the board shall proceed as provided for under this chapter and rules adopted by the board.
(d) The board, in its own name, may apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this chapter or to restrain any person, firm, partnership, or corporation from the commission of any act which is prohibited by this chapter. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial and irreparable damage would result, from the continued violation thereof. Application for the injunction may be made to the Circuit Court of Montgomery County, or the circuit court of the county in which it is alleged that the violation is about to occur, at the request of the board. The injunction may not be granted ex parte, and any judgment or decree may be appealed in the manner prescribed by law to the Supreme Court of Alabama.
(e) The board retains and may exercise all administrative and civil rights and remedies commonly available to agencies in the state. No action or other legal proceedings for damages shall be instituted against the board, any board member, or employee of the board for any act done in good faith and in the intended performance of any power granted under this chapter or for any neglect or default in the performance or exercise in good faith of any duty or power.
(f) In carrying out the duties, functions, and obligations of this chapter, the board may contract with any state agency or private vendor as the board considers appropriate. The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and dispose of real and personal property.
(g) The board may appoint committees to assist the board’s efforts in carrying out the responsibilities of this chapter. All individuals appointed by the board to serve on committees are entitled to reimbursement of expenses as approved by the board.
(h) The board may adopt rules enabling the collection of fees in amounts necessary to enable the board to carry out its function under this chapter, provided the fees do not exceed the maximum amounts allowed under this chapter.
(i) The board may use electronic transmissions for all purposes permitted under the Uniform Electronic Transactions Act.
(j) The Attorney General or his or her assistants may act as legal adviser to the board and render legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ or retain counsel and necessary assistance to aid in the enforcement of this chapter, and the compensation and expenses thereof shall be paid from the funds of the board.
(k) For purposes of enforcement of all provisions of this chapter and board rules, including the assessment and collection of fines, penalties, costs, and attorney fees, the board shall maintain jurisdiction over individuals, irrespective of their licensure status relative to acts, omissions, complaints and investigations that occurred during the licensure period. Jurisdiction of the board shall extend to individuals engaging in the unauthorized practice of engineering or land surveying. It is the intent of this subsection that licensees cannot divest the board of jurisdiction by changing or relinquishing licensure status.
(l) The board may conduct an investigation or inspection of any person or facility at all reasonable hours for the purpose of determining if any provision of the law governing the practices of engineering and land surveying is being violated. The board, its officers, staff, and representatives shall cooperate with all agencies charged with the enforcement of all federal and state laws relating to the practices of engineering and land surveying.
(m) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of engineering or land surveying for the protection of health, life, safety, welfare, and property or whose activities assist and facilitate the work of the board.
(n) Through outreach efforts, the board may educate, recognize, and promote the mission of the board to the public, potential applicants, licensees, and other public agencies.
(o) The board may recognize accomplishments of those individuals who fall under the jurisdiction of the board.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §8; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)
(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).
(Act 2017-384, §§1-3; Act 2018-550, §5.)
The executive director of the board shall receive and account for all money derived under this chapter. All funds collected shall be deposited with the State Treasurer. With the exception of the civil penalties deposited in the General Fund as provided in Section 34-11-11.1, the State Treasurer shall keep the money in a separate fund to be known as the “Professional Engineers and Professional Land Surveyors Fund.” The fund shall be kept separate and apart from all other money in the Treasury, and shall be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the executive director of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41. Any funds or money in the hands of the State Treasurer, known as the Professional Engineers and Professional Land Surveyors Fund, at the end of the state fiscal year in excess of that amount equal to 33 percent of the budget of the board for the previous fiscal year shall be transferred into the General Fund of the state. However, in the event that the board elects to implement a biennial license, then the above transfer into the General Fund shall only apply at the end of the non-license year of the biennial license cycle. The money, properties, records, and other things of value owned by or allocated to the fund, the board, or the executive director of the board in his or her capacity as such, serving at the time of enactment of this chapter, shall become the property of and be allocated respectively to the fund, the board, or the executive director of the board under this chapter. The executive director of the board shall give a surety bond to the state in a sum as may be required by state law. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund. The executive director of the board shall receive a salary as determined by the board, in addition to compensation and expenses provided for in Section 34-11-32. The board may employ an executive director and, when necessary, an assistant executive director and fix their compensation and duties. The board may employ clerical or other assistants, subject to the provisions of the Merit System Act, and may make expenditures from the fund for any purpose which in the opinion of the board is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the board’s delegates to regional and national meetings of, and membership dues to, a national examination organization for engineers and land surveyors selected by the board and any of its subdivisions. Under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expenses and compensation provided for in this chapter exceed the amount provided therefor by the Legislature in the general appropriation or other appropriation bills.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §9; Acts 1975, No. 1049, p. 2107, §1; Acts 1991, No. 91-199, p. 375, §3; Acts 1995, No. 95-282, p. 516, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 99-102, p. 120, §3; Act 2018-550, §5.)
(a) The board shall keep a record of its proceedings.
(b) The board shall maintain a record of all applications for licensure, certification, and certificate authorization.
(c) The records of the board shall be prima facie evidence of the proceedings of the board set forth and a transcript certified by the executive director of the board under seal, shall be admissible as evidence with the same force and effect as if the original were produced.
(d) Annually, the board shall submit to the Governor a report of its transactions of the preceding year and a complete statement of the receipts and expenditures of the board, attested by affidavits of its chair and its secretary.
(e) Board records and papers of the following class are of a confidential nature and are not public records: Examination material for examinations not yet given; file records of examination problems and solutions; exam scores; letters of inquiry and reference concerning applicants; transcripts of college courses and grades; e-mail addresses; home addresses; board inquiry forms concerning applicants; pending and closed complaints and investigative files where no formal disciplinary action is taken; and all other materials of like confidential nature.
(Acts 1961, Ex. Sess., No. 79, p. 1976, §10; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)
For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) BOARD. The State Board of Registration for Foresters.
(2) PRACTICE OF FORESTRY. Any professional service such as consultation, investigation, evaluation, planning, or responsible supervision as interpreted by the board of any forestry activities in connection with any public or private lands wherein the public welfare and property are concerned or involved when the professional service requires the application of forestry principles and data. The term also means the application, teaching, investigation, or administration of forestry theories, principles, practices, or programs directly or indirectly related to the environmental and economic use and the biological and ecological understanding of gross areas of land in public or private ownership or direction, or both, and supervision over persons engaged in the formation or implementation, or both, of forestry policies.
(3) REGISTERED FORESTER. A person who, by reason of his or her knowledge of the natural sciences, mathematics, economics, and the principles of forestry and by his or her demonstrated skills acquired through professional forestry education and professional forestry experience as interpreted by the board is qualified to engage in the practice of forestry and who also has been duly registered and holds a current valid license issued by the board.
(Acts 1957, No. 533, p. 750, §2; Acts 1969, No. 1051, p. 1965, §2; Acts 1973, No. 1202, p. 2020, §2; Act 98-145, p. 223, §3.)
(a) In order to benefit and protect the public, no person in either public or private capacity shall practice or offer to practice forestry, unless he or she has submitted evidence that he or she is qualified so to practice and is registered by the board as hereinafter provided or unless he or she is specifically exempted from registration under this chapter. It shall be unlawful for any person to practice or offer to practice in this state forestry, as defined by this chapter, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description tending to convey the impression that he or she is a registered forester, unless duly registered or exempt from registration under this chapter.
(b) This chapter shall not be construed to prevent or to affect:
(1) The practice of any other legally recognized profession or trade.
(2) The application of forestry principles and procedures on any timberlands, woodlands, or forest in which any person, firm, partnership, or corporation owns an interest; or persons, firms, partnerships, and corporations having the right to manage and administer forestlands in any legal manner.
(3) The work of an employee or a subordinate of any registered forester holding a license under this chapter; provided, that such work is done under the direction, supervision, and responsibility of a person holding a license under this chapter.
(4) The practice of forestry by officers and employees of the United States government on federally owned lands.
(5) The practice of forestry by officers and employees of the State of Alabama on state-owned lands.
(6) Employees of the federal government and educational institutions of the State of Alabama who, in the exercise of their assigned duties, conduct forestry education programs or provide free forestry advice and assistance to timberland owners, or both.
(Acts 1957, No. 533, p. 750, §1; Acts 1969, No. 1051, p. 1965, §1; Acts 1973, No. 1202, p. 2020, §1; Act 98-145, p. 223, §3.)
A roster showing the names and places of business of all registered foresters qualified according to this chapter shall be prepared by the secretary of the board during the month of January biennially in even-numbered calendar years. Copies of this roster shall be posted on the board website, placed on file with the Secretary of State, and furnished to the public, upon request, for a reasonable fee determined by the board.
(Acts 1957, No. 533, p. 750, §11; Acts 1969, No. 1051, p. 1965, §5; Acts 1977, No. 755, p. 1293, §1; Act 2006-150, p. 221, §3.)
(a) The following requirements shall be considered as minimum evidence satisfactory to the board that the applicant is qualified to practice forestry and to be registered and licensed pursuant to this chapter. Each applicant shall:
(1) Hold a bachelors or higher degree from a school approved by the board or accredited by the Society of American Foresters in a forestry curriculum accepted by the board.
(2) Have passed a written or oral examination, or both, designed to show the knowledge and skill obtained through graduation from the school or college.
(3) Have a specific record of two years or more of experience in the practice of forestry of a nature satisfactory to the board and indicating that the applicant is competent to practice forestry.
(4) Be a person of good character and reputation.
(5) 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.
(b) The board shall issue licenses only to those applicants who meet the requirements of this section.
(Acts 1957, No. 533, p. 750, §12; Acts 1961, Ex. Sess., No. 141, p. 2082, §1; Acts 1969, No. 1051, p. 1965, §6; Acts 1973, No. 1202, p. 2020, §5; Acts 1990, No. 90-105, p. 124, §3; Act 98-145, p. 223, §3; Act 2010-278, p. 502, §3.)
Application for registration shall be made on forms prescribed and furnished by the board. An application shall contain statements made under oath showing the education of the applicant and a detailed summary of his or her professional work. The application shall also contain not less than five references, of whom three or more shall be registered foresters or graduates of a curriculum in forestry of four years or more in a school or college approved by the board or accredited by the Society of American Foresters, having personal or professional knowledge of the forestry experience of the applicant. Any proposed subsequent statement, correction, or addition to the application shall be given under oath in writing and shall be made a part of the original application. The registration fee for a license shall be set annually by the board in an amount not to exceed two hundred dollars ($200), which shall accompany the application. Should the board deny the issuance of a license to any applicant, the fee deposited shall be retained by the board as an application fee.
(Acts 1957, No. 533, p. 750, §13; Acts 1969, No. 1051, p. 1965, §7; Acts 1973, No. 1202, p. 2020, §6; Acts 1977, No. 756, p. 1294, §1; Acts 1986, No. 86-117, p. 138, §3; Act 98-145, p. 223, §3.)
When written or oral examinations, or both, are required, they shall be held at such time and place as the board may determine. The methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination at the expiration of six months. This examination and all subsequent oral and written examinations shall be granted upon payment of a fee to be determined annually by the board, not to exceed one hundred dollars ($100) in each instance.
(Acts 1957, No. 533, p. 750, §14; Acts 1986, No. 86-117, p. 138, §3; Act 98-145, p. 223, §3.)
The board shall issue a license upon payment of a registration fee as provided for in this chapter to an applicant who, in the opinion of the board, has satisfactorily met all of the requirements set out by this chapter. Licenses shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman of the board. The issuance of a license by the board shall be evidence that the person named therein is entitled to all of the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his or her name and license number during the life of the registrant’s license, but it shall be a misdemeanor for anyone to endorse any document with the name and license number after the license of the registrant named therein has expired or has been revoked, unless the license shall have been renewed or reissued. It shall be a misdemeanor for any registered forester to endorse any plan, specification, estimate, or map unless he or she shall have actually prepared such plan, specification, estimate, or map, or shall have been in the actual charge of the preparation thereof.
(Acts 1957, No. 533, p. 750, §15.)
(a) Licenses shall expire on the 30th day of September next following their issuance or renewal and shall become invalid on that date unless renewed. The secretary of the board shall notify, at his or her last registered address, every person registered under this chapter of the date of the expiration of his or her license and the amount of the fee that shall be required for its renewal for one year. The notice shall be mailed three months in advance of the date of the expiration of the licenses. Two subsequent monthly notices may be mailed, the second by certified mail, return receipt requested. The annual renewal fee for licenses shall be established annually by the board and shall not exceed two hundred dollars ($200). Renewal of licenses for the following year may be effected at any time during the three months preceding September 30 of the year in which the license has been issued or renewed by the payment of the renewal fee so fixed by this chapter. Licensees who renew their licenses between September 30 and December 31 of any year renewal is due shall pay a late renewal fee set by the board not to exceed an amount equal to twice the annual renewal fee. The board shall make an exception to the foregoing renewal provision in the case of a person who is in the armed services of the United States. A licensee who fails to renew a license by December 31 of any year renewal is due shall have his or her license revoked.
(b) The state board shall adopt a program of continuing education for its licensees not later than October 1, 1991, and after that date no licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met. It is further provided that the continuing education program herein required shall not apply to any licensee who is 65 years of age or older and shall not include testing or examination of the licensees in any manner. The board may relax or suspend the continuing annual education requirements for retirees or for reasons of the health, hardship, or other extenuating circumstances of the licensee based on the licensee’s specific case.
(Acts 1957, No. 533, p. 750, §16; Acts 1969, No. 1051, p. 1965, §8; Acts 1977, No. 756, p. 1294, §1; Acts 1986, No. 86-117, p. 138, §3; Acts 1990, No. 90-105, p. 124, §3; Acts 1994, No. 94-130, p. 163, §3; Act 98-145, p. 223, §3; Act 2006-150, p. 221, §3; Act 2021-436, §1.)
The board may revoke the license of any registrant who is found guilty by the board of gross negligence, incompetency, or misconduct in the practice of forestry. The board may discipline its licensees by the imposition and collection of an administrative fine set by the board not to exceed two thousand dollars ($2,000) per violation, and may institute any legal proceeding necessary to effect compliance with the chapter. All administrative fines collected by the board shall be deposited in the State Treasury in the “Professional Foresters Fund.” The board may designate a person or persons to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice against any registrant, as may come to its attention. Any person or persons so designated by the board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the board as outlined in Section 34-12-32. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or other misconduct in connection with any forestry practice against any registrant. The charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within three months after the date on which they have been preferred. The time and place for the hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on, or mailed to the last known address of, the registrant, at least 30 days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him or her, and to produce evidence and witnesses in his or her own defense. If, after a hearing, three or more members of the board vote in favor of finding the accused guilty, the board may revoke the license of the registered forester. Any applicant whose license has been revoked as above may apply for a review of the proceedings with reference to the revocation of his or her license by the aforementioned circuit court and from there by appeal to the Supreme Court of Alabama. The only record to be considered by either the circuit court or by the Supreme Court shall be the record made before the board. New evidence shall be presented to the board, in session, before it may be used in court proceedings. The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been revoked when three or more members vote in favor of reissuance. A new license to replace a revoked license may be issued, subject to the rules of the board and at a fee set by the board not to exceed an amount equal to twice the annual renewal fee. Lost, destroyed, or mutilated licenses may be issued, subject to the rules of the board and at a fee set by the board not to exceed fifty dollars ($50) for the issuance.
(Acts 1957, No. 533, p. 750, §19; Acts 1986, No. 86-117, p. 138, §3; Acts 1994, No. 94-130, p. 163, §3; Act 98-145, p. 223, §3.)
Registration shall be determined upon a basis of individual, personal qualifications. No firms, companies, partnerships, or corporations can be licensed under this chapter.
(Acts 1957, No. 533, p. 750, §17.)
(a) A person not a resident of, and having no established place of business in Alabama, or who has recently become a resident thereof, may use the title of registered forester and practice forestry provided:
(1) Such person is legally licensed as a registered forester in his or her own state or country and has submitted evidence to the board that he or she is so licensed;
(2) The state or country in which he or she is so licensed:
a. Has standards for licensing comparable to Alabama and acceptable to the board; and
b. Observes these same rules of reciprocity in regard to persons licensed under the provisions of this chapter.
(b) Each person seeking the privileges of reciprocity granted under this chapter shall submit his or her application therefor to the board and shall receive a card or certificate from the board before exercising such privileges. The application fee for obtaining such a reciprocity card or certificate shall be the same as is charged an Alabama licensee seeking to obtain reciprocal privileges in the home state or country of the applicant.
(c) Persons practicing forestry in the state through reciprocity shall be subject to the same renewal and expiration rules as provided in Section 34-12-8.
(Acts 1957, No. 533, p. 750, §18; Acts 1969, No. 1051, p. 1965, §9; Act 98-145, p. 223, §3.)
(a) Any person who shall practice or offer to practice the profession of forestry in this state without being registered or exempted in accordance with this chapter; or any person who shall use in connection with his or her name or otherwise assume, use, or advertise any title or description tending to convey the impression that he or she is a registered forester, without being registered or exempted in accordance with this chapter; or any person who shall present or attempt to use as his or her own the license of another; or any person who shall give any false or forged evidence of any kind to the board or any member thereof in obtaining a license; or any person who shall attempt to use an expired or revoked license; or any person, firm, partnership, or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for each offense. The board, or the person or persons designated by the board to act in its stead, may prefer charges for any of the violations of this chapter in any county in this state in which the violations may have occurred. All duly constituted officers of the law of this state, or any political subdivision thereof, shall enforce this chapter and prosecute any persons, firms, partnerships, or corporations violating the same. The Attorney General of the state and his or her assistants shall act as legal advisers of the board and render legal assistance as may be necessary in carrying out the provisions of this chapter.
(b) All fines collected for the violation of any provisions of this chapter shall be paid over to the secretary of the board to be by him or her delivered to the State Treasurer to be placed in the Professional Foresters Fund in the same manner as funds received for the issuance of licenses.
(Acts 1957, No. 533, p. 750, §20; Acts 1973, No. 1202, p. 2020, §7; Acts 1990, No. 90-105, p. 124, §3; Acts 1994, No. 94-130, p. 163, §3; Act 98-145, p. 223, §3.)
(a) A State Board of Registration for Foresters is created whose duty it shall be to administer this chapter. The board shall consist of five foresters, who shall be selected and appointed by the Governor of Alabama from among 10 nominees recommended by the Alabama Division of the Society of American Foresters and shall have the qualifications required by Section 34-12-31. Each member of the board shall receive a certificate of his or her appointment from the Governor and before beginning his or her term of office shall file with the Secretary of State his or her written oath of affirmation for the faithful discharge of his or her official duties. The five members of the initial board shall be appointed for terms of one, two, three, four, and five years, respectively, and in making the appointment the Governor shall designate the term for which each of the members is appointed as provided for above. At the expiration of the term of any member of the initial board, the Governor, from a list of three nominees recommended by the Alabama Division of the Society of American Foresters and any active state forestry organization meeting criteria established by the board pursuant to subsection (c), shall appoint for a term of five years a registered forester having the qualifications required by Section 34-12-31 to succeed the member whose term on the board is expiring. Nothing contained in this chapter shall prohibit any member whose term expires to be reappointed to succeed himself or herself on the board. After March 7, 1990, no member shall serve more than two full consecutive terms of office. If the Governor fails to make appointment in 90 days after expiration of any term, the board shall make the necessary appointment from nominees submitted as hereinabove provided and who meet the qualifications set out by Section 34-12-31. Each member of the board shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified.
(b) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session the extent to which the board has complied with the diversity provisions of this subsection.
(c) The board shall adopt rules setting qualifying criteria for active state forestry organizations to participate in the recommendation of nominees for placement for membership on the board pursuant to subsection (a).
(Acts 1957, No. 533, p. 750, §3; Acts 1969, No. 1051, p. 1965, §3; Acts 1986, No. 86-117, p. 138, §3; Acts 1990, No. 90-105, p. 124, §3; Act 2010-278, p. 502, §3; Act 2021-433, §1.)
Each member of the board shall be a citizen of the United States and a resident of the State of Alabama, a “registered forester” under the provisions of this chapter, and have been engaged in the practice of the profession of forestry for the last 10 years prior to such appointment.
(Acts 1957, No. 533, p. 750, §4; Acts 1969, No. 1051, p. 1965, §4; Act 2021-412, §1.)
Each member of the board shall receive a nominal sum of $50 per diem when actually attending to the work of the board or any of its committees and for the time spent in necessary travel and, in addition thereto, shall be reimbursed for all traveling expenses as provided in Article 2 of Chapter 7 of Title 36, and incidental and clerical expenses necessarily incurred in carrying out the provisions of this chapter. Such compensation and expenses shall be paid out of the Professional Foresters Fund in the manner prescribed herein.
(Acts 1957, No. 533, p. 750, §5; Acts 1973, No. 1202, p. 2020, §3; Acts 1986, No. 86-117, p. 138, §3.)
The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment only in the manner provided by this chapter for the appointment of members of the board.
(Acts 1957, No. 533, p. 750, §6.)
The members of the board shall be named and appointed by the Governor within 60 days after September 13, 1957. The board shall hold a meeting within 30 days after its members are first appointed and thereafter shall hold at least two regular meetings each year. Special meetings shall be held at the time and place as the bylaws of the board may provide. Notice of all meetings shall be given in the manner as the bylaws may provide. The board shall elect or appoint annually the following officers: A chair, vice-chair, and a secretary, who shall each be members of the board. A quorum of the board shall consist of not less than three voting members.
(Acts 1957, No. 533, p. 750, §7; Act 2021-435, §1.)
The board shall have the power to make all bylaws and rules, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before the board. Notwithstanding any other provision of law, following appropriate review by the Contract Review Permanent Legislative Oversight Committee, the board may enter into any contract or agreement relating to the board without further approval. The board shall adopt and have an official seal. In carrying into effect the provisions of this chapter, the board may, under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, maps, or documents. Any member of the board may administer oaths of affirmation to witnesses appearing before the board. Witnesses officially called by the board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the members of the board as provided and set out in Section 34-12-4. If any person shall refuse to appear as a witness before the board, or refuse to testify, or refuse to produce any books, papers, or documents, the board may present its petition to the Circuit Court of Montgomery County, setting forth the facts, and the court shall, in a proper case, issue a subpoena to the person, requiring his or her attendance before the circuit court and there to testify or to produce such books, papers, and documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpoena or order of the circuit court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the court. The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from the commission of any act which is prohibited by this chapter. Application for an injunction may be made to the Circuit Court of Montgomery County, Alabama, or the circuit court of the county in which it is alleged that the violation is occurring. The members of the board shall not be personally liable for instituting any such proceedings.
(Acts 1957, No. 533, p. 750, §8; Acts 1973, No. 1202, p. 2020, §4; Act 2002-83, p. 261, §3.)
(a) The secretary of the board shall receive and account for all moneys derived under this chapter and shall pay the same monthly to the State Treasurer, who shall keep such moneys in a separate fund to be known as the Professional Foresters Fund. The fund shall be kept separate and apart from all other moneys in the Treasury and shall be paid out only by warrant of the Comptroller upon the State Treasurer, upon itemized vouchers approved by the chair and attested by the secretary of the board. All moneys in the Professional Foresters Fund are hereby specifically appropriated for the use of the board. The secretary of the board, its office manager, or other designated officer of the board who handles funds shall give surety bond to the state in such sum as the board may determine. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid from the Professional Foresters Fund.
(b) The board may employ such clerical and other assistants as are necessary for the proper performance of its work, or, in lieu of employing clerical assistants, the board may contract with any state department or agency to furnish the board with such clerical assistance as the board deems necessary. The compensation of the assistants or the cost of contracting for the clerical assistance shall be paid out of the Professional Foresters Fund in the manner prescribed herein.
(c) The board is authorized to accept all gifts, bequests, and donations from any source whatsoever, and the gifts, bequests, and donations shall be used or expended in accordance with their terms or stipulations, but in the absence of any such terms or stipulations, the gifts, bequests, or donations may be used or expended for such purposes as the board may determine.
(d)(1) Except as otherwise provided herein, the board may make expenditures for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the board’s delegates to any annual conventions of, and membership dues to, the Society of American Foresters; provided, that under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expenses and compensation provided for by this chapter exceed the amount of the examination and registration fees, license fees, donations, and other moneys collected by the board as herein provided.
(2) The board may incur and engage in marketing and promotional expenditures and activities in furtherance of its purposes as determined by the board, which may include the sale of nominal items for marketing and promotional purposes. Any proceeds derived by the board from the sale of marketing and promotional items shall be deposited into the Professional Foresters Fund to be used by the board.
(Acts 1957, No. 533, p. 750, §9; Acts 1986, No. 86-117, p. 138, §3; Act 2021-434, §1.)
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.
(Acts 1957, No. 533, p. 750, §10.)
(a) For purposes of this chapter, the following terms have the following meanings:
(1) ACCREDITED SCHOOL OR COLLEGE OF MORTUARY SCIENCE. A school or college approved by the American Board of Funeral Service Education, or a successor organization, which maintains a course of instruction of not less than 48 calendar weeks or four academic quarters or college terms and which gives a course of instruction in the fundamental subjects related to funeral service and mortuary science education as approved by the American Board of Funeral Service Education, or a successor organization, and other courses of instruction in fundamental subjects as may be prescribed by the Alabama Board of Funeral Services.
(2) ALKALINE HYDROLYSIS. The technical process that reduces human remains to bone fragments using heat, water, and chemical agents.
(3) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed-wood, composition materials, with or without an outside covering, pouches of canvas, or other materials.
(4) AMERICAN BOARD OF FUNERAL SERVICE EDUCATION. The national academic accreditation agency for college and university programs in funeral service and mortuary science education. The accrediting function of the American Board of Funeral Service Education is recognized by the United States Department of Education and the Council on Higher Education Accreditation.
(5) APPRENTICE EMBALMER or EMBALMER’S APPRENTICE. Any person engaged in the study of the art of embalming under the instructions and supervision of a licensed embalmer practicing in this state.
(6) APPRENTICE FUNERAL DIRECTOR or FUNERAL DIRECTOR’S APPRENTICE. Any person operating under or in association with a funeral director for the purpose of learning the business or profession of funeral director, to the end that he or she may become licensed under this chapter.
(7) AT-NEED. At the time of death or immediately following death.
(8) AUTHORIZING AGENT. A person at least 18 years of age, except in the case of a surviving spouse or parent, who is legally entitled to order the cremation or final disposition of particular human remains.
(9) BASIC SERVICES FEE. The fee for the professional services of the funeral director and staff that is added to the total cost of the funeral arrangements. The term includes a charge for services performed in conducting the arrangements conference, planning the funeral, securing the necessary permits, preparing the notices, and coordinating the cemetery or crematory arrangements.
(10) BELOW-GROUND CRYPT. A preplaced enclosed chamber, usually constructed of reinforced concrete, poured in place or a precast unit installed in quantity, either side-by-side or multiple depth, and covered by earth or sod and known also as a lawn crypt or turf-top crypt.
(11) BENEFICIARY. One who benefits from an act, such as one for whom a preneed contract is entered into or the successor-in-interest of a life insurance policy.
(12) BOARD. The Alabama Board of Funeral Services.
(13) BRANCH. Any person or entity that is part of a common business enterprise that has a certificate of authority issued pursuant to Article 5 and elects to operate under a name other than that of the common business enterprise.
(14) BURIAL. The placement of human remains in a grave space or lawn crypt.
(15) CASH ADVANCE ITEMS. Any item of service or merchandise described to a purchaser using the term cash advance, accommodation, cash disbursement, or similar term. A cash advance item is also any item obtained from a third party and paid for by a funeral provider on behalf of a purchaser. Cash advance items include, but are not limited to, all of the following:
a. Cemetery or crematory services.
b. Pallbearers.
c. Public or other transportation.
d. Clergy honoraria.
e. Flowers.
f. Musicians or singers.
g. Nurses.
h. Obituary notices.
i. Funeral programs.
j. Gratuities.
k. Death certificates.
l. Outer burial containers.
m. Cemetery plots.
n. Escorts.
(16) CASKET. A rigid container designed for the encasement of human remains which is usually constructed of wood, metal, or similar material and ornamented and lined with fabric.
(17) CEMETERY. A place established, maintained, managed, operated, or improved which is dedicated to and used or intended to be used for the permanent interment of human remains and their memorialization. It may be either land or earth interment; a columbarium; a mausoleum for vault or crypt entombment; a structure or place used or intended to be used for the interment of cremated remains; cryogenic storage; or any combination of one or more thereof.
(18) CEMETERY AUTHORITY. Any individual, person, firm, profit or nonprofit corporation, trustee, partnership, society, religious society, church association or denomination, municipality, or other group or entity, however organized, insofar as they or any of them may now or hereafter establish, own, operate, lease, control, or manage one or more cemeteries, burial parks, mausoleums, columbariums, or any combination or variation thereof, or hold lands or structures for burial grounds or burial purposes in this state and engage in the operation of a cemetery, including any one or more of the following: The care and maintenance of a cemetery; the interment, entombment, and memorialization of the human dead in a cemetery; the sale, installation, care, maintenance, or any combination thereof, with respect to monuments, markers, foundations, memorials, burial vaults, urns, crypts, mausoleums, columbariums, flower vases, floral arrangements, and other cemetery accessories for installation or use within a cemetery; and the supervision and conduct of funeral and burial services within the bounds of the cemetery.
(19) CEMETERY MERCHANDISE. Any personal property offered for sale, contracted for sale, or sold for use in connection with the burial, final disposition, memorialization, interment, entombment, or inurnment of human remains by a cemetery authority. The term specifically includes, but is not limited to, the casket, the alternative container, the outer burial container, and the memorial.
(20) CEMETERY SERVICES. At-need or preneed services provided by a cemetery authority for interment, entombment, inurnment, and installation of cemetery merchandise.
(21) CERTIFICATE HOLDER. A funeral establishment, cemetery authority, third-party seller, or any other person to whom a valid certificate of authority to sell preneed contracts has been granted by the board.
(22) COLUMBARIUM. A structure or room or space in a building or structure used or intended to be used for the inurnment of cremated remains.
(23) CONVICTION. The entry of a plea of guilty or a guilty verdict rendered by any court of competent jurisdiction, excluding traffic violations.
(24) CREMATED REMAINS. Human remains recovered after the completion of the cremation process, including pulverization, which leaves only bone fragments reduced to unidentifiable dimensions, and the residue of any foreign materials that were cremated with the human remains.
(25) CREMATED REMAINS CONTAINER. A receptacle in which cremated remains are placed.
(26) CREMATION. The technical irreversible process, using heat, flames, or chemical agents, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include the processing, and may include the pulverization, of the bone fragments. Cremation is a process and is a method of final disposition.
(27) CREMATIONIST. A person licensed by the board to perform the procedure of cremation.
(28) CREMATION CHAMBER. The retort or vessel used to reduce human remains to bone fragments.
(29) CREMATION CONTAINER. The container in which human remains are transported to a crematory, in which human remains are placed upon arrival at a crematory, or for storage and placement in a cremation chamber for cremation.
(30) CREMATORY. A building or portion of a building that houses a cremation chamber and that may house a holding facility for purposes of cremation and as part of a funeral establishment.
(31) CREMATORY AUTHORITY. Any person who owns or controls a crematory.
(32) DEATH CERTIFICATE. A legal document containing vital statistics pertaining to the life and death of the deceased.
(33) DECEASED or DECEDENT. One who is no longer living.
(34) EMBALMER. Any person engaged, or holding himself or herself out as engaged, in the business, practice, science, or profession of embalming, whether on his or her own behalf or in the employ of a registered and licensed funeral director.
(35) EMBALMING. The practice, science, or profession, as commonly practiced, of preserving, disinfecting, and preparing by application of chemicals or other effectual methods, human dead for burial, cremation, or transportation.
(36) ENCASEMENT. The placement of human remains in a rigid container including, but not limited to, a casket or urn.
(37) ENDOWMENT CARE. The maintenance and repair of all places in a cemetery, subject to the rules of the cemetery authority. The term may also be referred to as endowed care, perpetual care, improvement care, or permanent care.
(38) ENDOWMENT CARE TRUST FUND. An irrevocable trust fund set aside by law with a trustee, along with the income therefrom, to provide for the endowment care of a cemetery.
(39) ENTOMBMENT. The act of placing human remains in a mausoleum crypt.
(40) FINAL DISPOSITION. The lawful disposal of human remains whether by interment, cremation, or other method.
(41) FUNERAL. A ceremony for celebrating, sanctifying, or remembering the life of a person who has died. A funeral may be divided into the following two parts:
a. The funeral service, which may take place at a funeral home, church, or other place.
b. The committal service or disposition, which may take place by the grave, tomb, mausoleum, or crematory where the body of the decedent is to be buried or cremated.
(42) FUNERAL ARRANGEMENTS. The completing of funeral service arrangements, cremation arrangements, and the financial details of a funeral at the time of death. The term includes the collection of vital statistic information, death certificate information, and obituary and funeral notice completion, the completion of a statement of funeral goods and services selected, the organizing of funeral and memorial services for families, and the ordering of cash advance items.
(43) FUNERAL BENEFICIARY. The person or persons who will receive the benefit of the funeral and cemetery goods and services to be delivered under a preneed contract at the time of his, her, or their death.
(44) FUNERAL DIRECTING. The practice of directing or supervising funerals, the practice of preparing dead human bodies for burial by means other than embalming, or the preparation for the final disposition of dead human bodies; the making of funeral arrangements or providing for funeral services or the making of financial arrangements for the rendering of these services; the provision or maintenance of a place for the preparation for final disposition of dead human bodies; the use of the terms funeral director, undertaker, mortician, funeral parlor, or any other term from which can be implied the practice of funeral directing; or the holding out to the public that one is a funeral director or engaged in a practice described in this subdivision.
(45) FUNERAL DIRECTOR. A person required to be licensed to practice the profession of funeral directing under the laws of this state, who consults with the public, who plans details of funeral services with members of the family and minister or any other person responsible for such planning, or who directs, is in charge, or apparent charge of, and supervises funeral service in a funeral home, church, or other place; who enters into the making, negotiation, or completion of financial arrangements for funeral services, or who uses in connection with the profession of funeral directing the terms funeral director, undertaker, funeral counselor, mortician, or any other term or picture or combination thereof when considered in context in which used, from which can be implied the practicing of the profession of funeral directing or that the person using such term or picture can be implied to be holding himself or herself out to the public as being engaged in the profession of funeral directing; and for all purposes under Alabama law, a funeral director is considered a professional. For the purposes of this chapter, the term does not include any cemetery authority.
(46) FUNERAL ESTABLISHMENTS. The term includes any funeral home or mortuary service located at a specific street address where the profession of funeral directing, embalming, or cremation is practiced in the care, planning, and preparation for burial, cremation, or transportation of human dead. A funeral establishment shall consist of and maintain all of the following facilities:
a. A preparation room equipped with sanitary nonporous floor and wall and necessary drainage and ventilation, and containing operating embalming equipment, necessary approved tables, instruments, hot and cold running water, containers or receptacles for soiled linen or clothing, and supplies for the preparation and embalming of dead human bodies for burial, cremation, and transportation.
b. A display room containing a stock of adult caskets and funeral supplies displayed in full size, cuts, photographs, or electronic images. At no time shall less than eight different adult size caskets be on the premises.
c. At least one operating funeral coach or hearse properly licensed and equipped for transporting human remains in a casket or urn.
d. If engaged in the practice of cremation, the establishment shall satisfy all crematory requirements provided in this chapter and have on site an adequate supply of urns for display and sale.
e. A room suitable for public viewing or other funeral services that is a minimum of 1,000 square feet.
f. An office for holding arrangement conferences with relatives or authorizing agents.
(47) FUNERAL SERVICE. At-need or preneed services provided by a funeral establishment in connection with funeral directing, final disposition of human remains, or installation of memorials.
(48) FUNERAL SUPPLIES or FUNERAL MERCHANDISE. Any item offered for sale, contracted for sale, or sold for use in connection with funeral directing or funeral services when sold by a funeral director including, but not limited to, caskets, alternative containers, outer burial containers, urns, memorials, clothing used to dress human dead when sold by a funeral director, and all equipment and accoutrements normally required for the preparation for burial or funeral and other disposition of human dead.
(49) GRAVE SPACE. A space of ground in a cemetery that is used or intended to be used for in-ground burial.
(50) GROSS IMMORALITY. Willful, flagrant, or shameful immorality or showing a moral indifference to the opinions of the good and respectable members of the community and to the just obligations of the position held by the offender.
(51) HOLDING ROOM. Either of the following:
a. A room within a funeral establishment that satisfies the requirements of a branch location as provided in this chapter or board rule, for the retention of human remains before final disposition.
b. A room within a crematory facility, designated for the retention of human remains before and after cremation, that is not accessible to the public.
(52) HUMAN REMAINS. The body of a decedent in any stage of decomposition, including cremated remains.
(53) INTERMENT. The final disposition of human remains by burial, burial at sea, entombment, or inurnment.
(54) INTERMENT RIGHT. The right to inter human remains in a particular interment space in a cemetery.
(55) INTERMENT SPACE. A space intended for the final disposition of human remains including, but not limited to, a grave space, mausoleum crypt, niche, or below-ground crypt.
(56) INURNMENT. The act of placing cremated remains in a receptacle including, but not limited to, an urn and depositing it in a niche.
(57) LICENSEE. Any individual, firm, corporation, partnership, joint venture, or limited liability company that obtains a license, certificate, or registration in accordance with this chapter.
(58) MANAGING CREMATIONIST. A licensed funeral director and cremationist who has full charge, control, and supervision of all activities involving cremation at a funeral establishment or crematory.
(59) MANAGING EMBALMER. A licensed embalmer who has full charge, control, and supervision of all activities involving the preparation room and embalming.
(60) MANAGING FUNERAL DIRECTOR. A licensed funeral director who has full charge, control, and supervision of all activities involving funeral directing for a funeral establishment.
(61) MAUSOLEUM. A chamber or structure used or intended to be used for entombment.
(62) MAUSOLEUM CRYPT. A chamber of a mausoleum of sufficient size for entombment of human remains.
(63) MEMORIAL. Any product, other than a mausoleum or columbarium, used for identifying an interment space or for commemoration of the life, deeds, or career of some decedent including, but not limited to, a monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, marker bench, and vase.
(64) MEMORIAL RETAILER. Any person offering or selling memorials at retail to the public.
(65) MEMORIALIZATION. Any permanent system designed to mark or record the names and other data pertaining to a decedent.
(66) MORAL TURPITUDE. Any unlawful sexual or violent act, or any act involving theft, theft of services, theft by deception, extortion, receiving stolen property, identity theft, forgery, fraud, tampering with records, bribery, perjury, or any similar act in any jurisdiction.
(67) MORTUARY SCIENCE. The scientific, professional, and practical aspects, with due consideration given to accepted practices, covering the care, preparation for burial, or transportation of dead human bodies, which shall include the preservation and sanitation of the bodies and restorative art and those aspects related to public health, jurisprudence, and good business administration.
(68) MORTUARY SERVICE. A location with a specific street address where embalming or cremation, or both, is practiced for a licensed funeral establishment and where no services or merchandise are sold directly or at retail to the public. A mortuary service shall consist of and maintain all of the following facilities:
a. A preparation room equipped with sanitary nonporous floor and walls, operating embalming equipment, and necessary drainage and ventilation, and containing necessary approved tables, instruments, hot and cold running water, containers or receptacles for soiled linen or clothing, and supplies for the preparation and embalming of dead human bodies for burial, cremation, and transportation.
b. At least one operating motor vehicle properly licensed and equipped for transporting human remains in a casket or urn.
c. If engaged in the practice of cremation, the establishment shall satisfy all requirements for a crematory provided in this chapter.
(69) NICHE. A space usually within a columbarium used or intended to be used for inurnment of cremated remains.
(70) OPERATOR. A person, corporation, firm, legal representative, managing funeral director, general manager, or other organization owning or operating a funeral establishment or cemetery.
(71) OUTER BURIAL CONTAINER. A rigid container that is designed for placement in the grave space around the casket or the urn including, but not limited to, containers commonly known as burial vaults, grave boxes, and grave liners.
(72) PERSON. Any individual, firm, corporation, partnership, joint venture, limited liability company, association, trustee, government or governmental subdivision, agency, or other entity, or any combination thereof.
(73) PRACTICAL EMBALMER. Any person who has been actively and continuously engaged or employed in the practice of embalming under the supervision of a licensed embalmer for four consecutive years immediately preceding May 1, 1975, and has been issued a license as a practical embalmer under the grandfather provisions of this chapter.
(74) PREARRANGEMENT. Completing the details for selection of merchandise or services on a preneed basis, which may or may not include prefunding or prepayment.
(75) PREDEVELOPED. Designated areas or buildings within a cemetery that have been mapped and planned for future construction but are not yet completed.
(76) PREDEVELOPED INTERMENT SPACE. An interment space that is planned for future construction but is not yet completed.
(77) PREFUND. Completing the financial details of a prearrangement, which include prefunding or prepayment.
(78) PRENEED. Any time prior to death.
(79) PRENEED CONTRACT. A written contract to purchase funeral merchandise, funeral services, cemetery merchandise, or cemetery services from the seller on a preneed basis.
(80) PRENEED CONTRACT TRUST FUND. The funds received pursuant to a preneed contract which are required by law to be held in trust until the merchandise or services purchased pursuant to the contract are delivered or provided or until otherwise lawfully withdrawn.
(81) PRENEED SALES AGENT. A person who is in the business of selling preneed contracts.
(82) PROCESSING or PULVERIZATION. The reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments or granulated particles by manual or mechanical means.
(83) PROVIDER. The person, who may or may not be the seller, who actually provides merchandise and services under the terms of a preneed contract.
(84) PURCHASE PRICE. The amount paid by the purchaser for merchandise and services purchased under a preneed contract, exclusive of finance charges, sales tax, charges relating to interment rights, arrangement conference fees, or charges for credit life insurance.
(85) PURCHASER. The person who purchases a preneed contract either on his or her behalf or on behalf of a third-party beneficiary.
(86) RELIGIOUS INSTITUTION. An organization formed primarily for religious purposes which has applied and qualified for exemption from federal income tax as an exempt organization under 26 U.S.C. § 501(c)(3).
(87) SCATTERING. The lawful dispersion of cremated remains.
(88) SELLER. Any person offering or selling merchandise or services on a preneed basis, including, but not limited to, funeral establishments, cemetery authorities, crematory authorities, and memorial retailers.
(89) SPECIAL CARE. Any care provided, or to be provided, that is supplemental to or in excess of endowment care, in accordance with the specific directions of any donor of funds for those purposes.
(90) SUCCESSOR-IN-INTEREST. A person who lawfully follows another in ownership or control of property or rights.
(91) TEMPORARY CONTAINER. A receptacle for cremated remains, usually composed of cardboard, plastic, or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains or the entrance of foreign material, and is a single container of sufficient size to hold the cremated remains until an urn is acquired or the cremated remains are scattered or buried.
(92) THIRD-PARTY SELLER. Any person, who is not a funeral establishment or a cemetery authority, engaged in the sale of preneed funeral merchandise or cemetery merchandise.
(93) TRUSTEE. Any person, state or national bank, trust company, or federally insured savings and loan association lawfully appointed as fiduciary over funds deposited by one or more purchasers of a preneed contract or deposited pursuant to an endowment care trust fund. The term does not refer to a board of trustees.
(94) URN. A receptacle designed to encase cremated remains.
(b) Nothing in this chapter shall require a funeral director or funeral establishment to have or provide a chapel or to restrict the conduct of funeral services from a church or chapel.
(Acts 1975, No. 214, p. 705, §2; Acts 1983, No. 83-746, p. 1235, §1; Act 2002-239, p. 498, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2016-265, p. 652, §1; Act 2017-433, §1; Act 2022-339, §1; Act 2023-94, §1.)
It is declared and established that the procedures for making final disposition of human dead, including embalming, funeral directing, cremating, disposing, and burying of deceased human remains, are so affected with the public interest as to require regulation and control of these occupations and that, additionally, regulation and control are necessary for the prevention of the spread of infectious and contagious diseases and for the protection of the health and welfare of the people of the state, and that this chapter and rules authorized to be made are necessary to effectuate its purpose; and this chapter shall be construed liberally and in a manner to carry out its obvious intents and purposes.
(Acts 1975, No. 214, p. 705, §1; Act 2022-339, §1.)
Nothing in this chapter shall be construed to give any cemetery or cemetery authority or any other person or entity the right to enter into or engage in any funeral home operation or the practice of embalming or funeral directing or any related funeral home or funeral directing activities. Nor shall this chapter include any temporary or occasional or extra help to assist in the conduct of a funeral employed on such basis by a funeral director, provided such funeral is under the direct supervision of a licensed funeral director. Nor shall this chapter require an out-of-state student to obtain an Alabama apprenticeship for the purposes of attending mortuary school in the state, as long as the student has an existing active apprenticeship or internship in his or her state of residence.
(Acts 1975, No. 214, p. 705, §11; Act 2017-433, §1; Act 2018-450, §1.)
Upon request, the board shall distribute to each licensee and other persons as may be interested therein, in hard copy form, and shall maintain in electronic format on the website of the board, this chapter together with all rules adopted pursuant to this chapter, together with a complete and current list of all persons and establishments licensed under this chapter.
(Acts 1975, No. 214, p. 705, §35; Acts 1981, No. 81-200, p. 234, §4; Acts 1983, No. 83-746, p. 1235, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
District courts shall have jurisdiction in all criminal prosecutions arising under this chapter. The district attorney is authorized to institute criminal prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment or by complaint verified before any magistrate.
(Acts 1975, No. 214, p. 705, §38; Act 2018-450, §1.)
In the event a licensee under this chapter should have cause to believe that the board, or a member or members thereof, has used the powers of the board to promulgate orders or rulings or requirements not intended by this chapter and that such orders or rulings or requirements are used to subject the licensee to unreasonable and wrongful interpretations of this chapter by the board or that the board or a member or members thereof have imposed the powers of the board or the wrongful interpretations of this chapter upon the licensee to such extent that it constitutes harassment of the licensee, then the licensee may take an appeal for relief to the Circuit Court of Montgomery County as prescribed in Section 34-13-31.
(Acts 1975, No. 214, p. 705, §47; Act 2014-125, p. 206, §1; Act 2018-450, §1.)
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.
(Acts 1975, No. 214, p. 705, §48; Act 2011-623, p. 1439, §1; Act 2022-339, §1.)
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.
(Acts 1975, No. 214, p. 705, §51; Act 2017-433, §1.)
(a) Pricing of services and merchandise offered by a licensee shall comply with rules established by the Federal Trade Commission.
(b) Each funeral establishment shall have a card or brochure in each full-size and cut casket and a clear statement on each photograph and electronic image of a casket stating the unit price of that casket.
(Acts 1975, No. 214, p. 705, §52; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
Unless otherwise provided herein, violation of any part of this chapter shall be a Class A misdemeanor which may be prosecuted and shall be punishable as such under the laws of Alabama.
(Acts 1975, No. 214, p. 705, §53; Acts 1981, No. 81-200, p. 234, §4; Act 2017-433, §1.)
(a) A person who is at least 18 years of age and of sound mind may enter into a contract to act as authorizing agent and direct the location, manner, and conditions of disposition of deceased human remains and arrange for funeral and burial goods and services to be provided upon death. Except as otherwise provided in subsection (b), the right to control the disposition of the remains of a deceased person as an authorizing agent, including the location, manner, and conditions of disposition and arrangements for funeral and burial goods and services to be provided, shall vest in the following persons in the priority listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to Public Law No. 109-163, Section 564, as listed on the decedent’s United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, if the decedent died while serving on active duty in any branch of the United States Armed Forces, United States Reserve Forces, or National Guard.
(2)a. The person designated by the decedent in an affidavit executed in accordance with paragraph b.
b. Any person at least 18 years of age and of sound mind may authorize another person to control the disposition of his or her remains pursuant to an affidavit executed before a notary public in substantially the following form:
“State of Alabama
County of _______
I, _______________ designate ________________ to control the disposition of my remains upon my death. I __ have __ have not attached specific directions concerning the disposition of my remains. If specific directions are attached, the designee shall substantially comply with those directions, provided the directions are lawful and there are sufficient resources in my estate to carry out those directions.
Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.
___________________(signature of notary public)”
(3) The surviving spouse.
(4) The sole surviving child of the decedent or, if there is more than one surviving child, a majority of the surviving children. Less than a majority of the surviving children may be vested with the rights of this section if reasonable efforts have been made to notify all surviving children of the instructions and a majority of the surviving children are not aware of any opposition to the instructions.
(5) The sole surviving grandchild of the decedent or, if there is more than one surviving grandchild, a majority of the surviving grandchildren. Less than a majority of the surviving grandchildren may be vested with the rights of this section if reasonable efforts have been made to notify all surviving grandchildren of the instructions and a majority of the surviving grandchildren are not aware of any opposition to the instructions.
(6) The surviving parent or parents of the decedent. If one surviving parent is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts in locating the absent surviving parent have been unsuccessful.
(7) The surviving sibling of the decedent or, if there is more than one surviving sibling, a majority of the surviving siblings. Less than a majority of the surviving siblings may be vested with the rights and duties of this section if reasonable efforts have been made to notify all surviving siblings of the instructions and a majority of the surviving siblings are not aware of any opposition to the instructions.
(8) The surviving grandparent of the decedent or, if there is more than one surviving grandparent, a majority of the surviving grandparents. Less than a majority of the surviving grandparents may be vested with the rights and duties of this section if reasonable efforts have been made to notify all surviving grandparents of the instructions and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had been appointed.
(10) The personal representative of the estate of the decedent.
(11) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition of the remains of the decedent if the disposition of the remains is the responsibility of the state or a political subdivision of the state.
(13) Any other person willing to assume the responsibility of acting on and arranging the final disposition of the remains of the decedent, including the funeral director that has custody of the body, in the absence of any person specified in subdivisions (1) to (12), inclusive. The person shall attest in writing that good faith efforts to contact the persons specified in subdivisions (1) to (12), inclusive, have been unsuccessful.
(b) The right of disposition shall be forfeited and passed to the next qualifying person listed in subsection (a), in any of the following circumstances:
(1) The person is charged with murder or manslaughter in connection with the death of the decedent and the charges are known by the mortician. If the charges against the person are dismissed or the person is acquitted of the charges, the right of disposition shall be reinstated.
(2) The person does not exercise his or her right of disposition within two days after notification of the death of the decedent or within three days after the death of the decedent, whichever is earlier.
(3) If the person is the spouse of the decedent and a petition to dissolve the marriage was pending at the time of death of the decedent.
(4) If the judge of probate court determines, pursuant to subsection (c), that the person entitled to the right of disposition and the decedent were estranged at the time of death. For the purposes of this subdivision, estranged means a physical and emotional separation that has existed for a period of time that an absence of affection, trust, and regard for the decedent is clearly demonstrated.
(c) Notwithstanding subsections (a) and (b), the judge of probate of the county of residence of the decedent may award the right of disposition to the person the judge of probate determines to be the most fit and appropriate to manage the right of disposition, and may make decisions regarding the remains of the decedent if the persons possessing the right of disposition do not agree. If two or more persons who possess an equal right of disposition are not able by majority vote to agree upon the disposition of the remains of the decedent, any of those persons or the funeral establishment with custody of the remains may file a petition asking the judge of probate to make a determination in the matter. In making such a determination, the judge of probate shall consider all of the following:
(1) The reasonableness and practicality of the proposed funeral and disposition arrangements.
(2) The degree of the personal relationship between the decedent and each person possessing a right of disposition.
(3) The financial ability and willingness of each person possessing a right of disposition to pay the cost of the funeral and disposition arrangements.
(4) The convenience and needs of other family members and friends who wish to pay their respects and the degree to which the funeral arrangements would allow maximum participation by all who wish to pay their respects.
(5) The desires of the decedent.
(d) Absent negligence, wantonness, recklessness, or deliberate misconduct in the event of a dispute regarding the right of disposition, a licensee may not be held liable for refusing to accept remains, for interring, or for otherwise disposing of the remains of a decedent or for completing arrangements for the final disposition of remains unless and until the licensee receives an order from the judge of probate, or other written agreement signed by all persons possessing a right of disposition, regarding the final disposition of the remains. If a licensee retains remains for final disposition during a disagreement, the licensee may embalm or refrigerate and shelter the body, or both, to preserve the body pending the final decision of the judge of probate. The licensee may add the cost of embalming or refrigeration and sheltering, or both, to the final disposition cost. If a licensee files a petition pursuant to subsection (c), the licensee may add any associated legal fees and court costs to the cost of final disposition. This section may not be construed to require or impose a duty upon a licensee to bring an action pursuant to this section. A licensee and its employees may not be held criminally or civilly liable for not bringing an action pursuant to this section.
(e) Except to the degree that it may be considered by the judge of probate pursuant to subdivision (c)(3), the fact that a person has paid or has agreed to pay for all or a part of funeral and final disposition arrangements does not give that person a greater voice in right of disposition decisions than he or she would have had otherwise. The personal representative of the estate of a decedent, by virtue of being the personal representative, does not have a greater voice in right of disposition decisions than he or she would have had otherwise.
(Act 2002-239, p. 498, §3; Act 2010-701, p. 1699, §1; Act 2011-623, p. 1439, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition by his or her signature shall attest to the truthfulness of any facts set forth in the document including, but not limited to, the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the authority of the person to order the disposition. A licensee may rely on a funeral service agreement, contract, or disposition authorization in carrying out the instructions of the person the licensee reasonably believes to hold the right of disposition. A licensee is not responsible for contacting or independently investigating the existence of any next-of-kin or relative of a decedent. If there is more than one person in a class with equal priority and the licensee has no knowledge of any objection by any other member of that class, the licensee may rely upon and act according to the instructions of the first person in the class to make funeral and disposition arrangements.
(b) Absent negligence, wantonness, recklessness, or deliberate misconduct, no licensee who relies in good faith upon the instructions of a person who claims a right of disposition shall be subject to criminal or civil liability, or be subject to disciplinary action, for carrying out the disposition of the remains in accordance with those instructions.
(Act 2002-239, p. 498, §3; Act 2011-623, p. 1439, §1; Act 2022-339, §1.)
(a) There is established the Alabama Board of Funeral Services, consisting of 14 members, each of whom shall be citizens of the United States and residents of the State of Alabama. The membership of the board shall be divided into two distinct divisions, the funeral division and the preneed division, with each division having jurisdiction over its respective areas of service.
(b) The appointing authorities shall coordinate their appointments to assure board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(c)(1) Commencing on January 1, 2019, as the terms of the members serving on the board on August 1, 2017, expire, the membership of the funeral division of the board shall be reconstituted to consist of seven professional members and two consumer members. Each professional member of the funeral division of the board shall be a citizen of the United States, a resident of Alabama, and licensed and in good standing with the board as an embalmer or funeral director at the time of appointment and during the entire term of office. Professional members of the funeral division of the board shall be appointed by the Governor pursuant to subsection (e). As the terms of the members serving on the board on October 1, 2023, expire, the professional membership of the funeral division of the board shall be appointed to reflect the following:
a. Three of the professional members of the board shall hold a current license from the board to practice embalming in the state, shall have been actively practicing embalming in the state for the last 10 consecutive years immediately preceding appointment, and shall be engaged in the practice of embalming at the time of appointment to the board.
b. Four of the professional members of the board shall hold a current license from the board to practice funeral directing in the state, shall have been actively engaged in funeral directing in the state for the last 10 consecutive years immediately preceding appointment, and shall be the operator of a funeral establishment in this state at the time of appointment to the board.
(2) Commencing on October 1, 2023, the preneed division of the board shall be created to consist of four professional members and one consumer member. Two professional members shall be licensed funeral directors and two professional members shall be licensed preneed sales agents employed by a cemetery. Each professional member of the preneed division of the board shall hold a current license from the board to practice as a preneed sales agent, shall have been actively engaged in preneed sales or direct management of preneed sales in the state for the last five consecutive years immediately preceding appointment, and shall be employed by a certificate of authority license holder in this state at the time of appointment to the board. Two of these professional members shall also hold a current certificate of authority to sell preneed services and merchandise. The initial appointment of two of the preneed sales agents appointed pursuant to this subdivision shall expire on December 31, 2025, and for the other two, shall expire on December 31, 2026. Thereafter, the preneed sales agent members shall serve pursuant to subsection (e). Professional members of the board shall be appointed by the Governor pursuant to subsection (e).
(3) Each consumer member of the board shall represent the public in general and shall have been a citizen of the United States and a resident of Alabama for the last 10 consecutive years immediately preceding appointment and during the entire term of office. A consumer member of the board may not have held, nor currently hold, a license or certification issued by the board, be employed at any time by, or professionally or financially associated with, the holder of a license or certificate issued by the board, or be related within the third degree of consanguinity or affinity to the holder of a license or certificate issued by the board. Two consumer members of the board shall be appointed by the Lieutenant Governor and one consumer member shall be appointed by the Speaker of the House of Representatives pursuant to a procedure adopted by rule of the board.
(d) Commencing in October of 2018, and each October thereafter of a year where at least one professional member term on either division of the board has expired, all licensed funeral directors and licensed embalmers for a funeral division board member, and all licensed preneed sales agents for a preneed division board member, shall meet in Montgomery, at a time and place fixed by the respective division of the board, for the purpose of nominating and submitting the names of three licensed persons for each position on the board to the Governor. The Governor shall promptly appoint one of the three persons so nominated to serve as a professional member of the board.
(e)(1) Professional and consumer members of the board shall serve staggered terms of four years each to provide continuity of service on the board. If an appointment is not made before the expiration of a term, the board member then serving may continue to serve until a successor has been appointed. A board member may not serve more than two full consecutive terms on the board.
(2) A vacancy on the board for any reason shall be filled by appointment of the Governor for the unexpired term. The appointee shall serve until his or her successor is nominated and appointed pursuant to subsection (d). If a member is appointed to fill an unexpired term of less than two years, the time may not be counted toward the maximum eight years of service.
(3) Only one professional funeral division board member and one professional preneed division board member of a division may reside in each district created by Section 34-13-21.
(4) At each meeting where nominations are made for the professional members of the funeral division of the board, only one licensed funeral director or licensed embalmer employed by the same funeral establishment may vote. At each meeting where nominations are made for the professional members of the preneed division of the board, only one licensed preneed sales agent employed by the same certificate of authority holder may vote.
(f)(1) In accordance with applicable law, in addition to a board member resigning from the board in writing, a board member may be removed from the board for any of the following grounds:
a. The refusal or inability to perform board duties in an efficient, responsible, or professional manner.
b. The misuse of his or her position on the board to obtain financial gain or seek personal advantage for himself, herself, or another person.
c. A final adjudication or determination of guilt by any lawful authority of the board member or sanction of the board member for the violation of any law the board determines is substantially related to any practice governed by this chapter.
d. The revocation or suspension of the license of a professional member of the board.
(2) Any board member who fails to qualify after appointment shall automatically become ineligible to serve as a member of the board and a new member, properly qualified, shall be appointed in the same manner as the original appointment and shall serve the remainder of the term of the vacating board member.
(3) If a consumer board member fails to attend two or more meetings within a year, without a valid excuse as determined by the board, he or she shall be removed from the board. A new consumer board member shall be appointed in the same manner as the original appointment and shall serve the remainder of the term.
(g)(1) The status of any person or entity properly licensed by the Alabama Board of Funeral Service on October 1, 2023, shall continue under the Alabama Board of Funeral Services.
(2) All the rights, duties, property, real or personal, and all other effects existing in the name of the Alabama Board of Funeral Service shall be transferred to the Alabama Board of Funeral Services. Any reference to the Alabama Board of Funeral Service in any existing law, contract, or other instrument, shall be deemed a reference to the Alabama Board of Funeral Services.
(3) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition, relating particularly to the use of equipment and supplies, all letterhead, business cards, forms, and any other materials in use by the board containing the name Alabama Board of Funeral Service shall continue to be used by the Alabama Board of Funeral Services until the supplies are exhausted. Replacement supplies shall contain the name of the Alabama Board of Funeral Services.
(4) The Code Commissioner, pursuant to Section 29-5A-22, at times determined appropriate, shall implement this statutory name change in applicable sections of this code.
(Acts 1975, No. 214, p. 705, §3; Acts 1983, No. 83-746, p. 1235, §1; Act 2009-12, p. 22, §3; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2018-451, §1; Act 2023-94, §1.)
There are created, for the purpose of this chapter, seven geographical districts that shall be identical with the seven congressional districts as fixed and established by Section 17-14-70, as may be amended. It is the purpose and intention of this section to provide that not more than one professional member of each division of the board shall be selected from each district and that three nominees to the Governor for appointment to the board shall be made from each district. The three consumer members of the board may not reside in the same congressional district.
(Acts 1975, No. 214, p. 705, §4; Act 2017-433, §1; Act 2023-94, §1.)
(a) The Alabama Board of Funeral Services shall hold not less than one joint meeting of both divisions quarterly for the purpose of reviewing financial, budgetary, and employment matters. The quarterly meetings to be held at a time and place as the board may determine after notice of the meeting has been given in the manner prescribed herein at least 15 days prior to the meeting. The board may hold other meetings as the board may deem necessary. A majority of the appointed members shall constitute a quorum authorized to transact general business in the name of the board. Upon the executive director serving on October 1, 2023, leaving office, two-thirds of the appointed members of each division shall constitute a quorum for the purposes of selecting an executive director and establishing fees.
(b) Additionally, each division of the board shall hold at least one division meeting quarterly.
(Acts 1975, No. 214, p. 705, §5; Acts 1983, No. 83-746, p. 1235, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2018-450, §1; Act 2023-94, §1.)
(a)(1) The board shall select from its own membership a chair and adopt rules for the transaction of its business and for the betterment and promotion of the standards of service and practice to be followed in the death care industry in the State of Alabama as the board may deem expedient and consistent with the laws of this state and for the public good.
(2) The chair shall preside at all meetings of the board unless otherwise ordered, and he or she shall exercise and perform all duties and functions incident to the office of chair.
(3) The board may also select from its own membership a vice chair, a secretary, and a treasurer. No two offices shall be held by the same person.
(b) The treasurer shall give bond to the State of Alabama in the sum of ten thousand dollars ($10,000), and any premium payable for the bond shall be paid from the funds of the board. The bond shall be deposited with the Treasurer of the State of Alabama.
(c) A board member shall be reimbursed for necessary travel expenses, per diem, and the necessary expenses incident to his or her attendance upon the business of the board, and, in addition thereto, shall receive compensation in the amount of seventy-five dollars ($75) for every day not to exceed 20 days per year actually spent by the member upon the business of the board. The board may employ in the unclassified service an executive director and up to four associate executive directors who shall each receive and be paid an annual salary to be fixed by the board pursuant to Section 36-6-6. The salary shall be paid on a semimonthly basis. In addition, the executive director and associate executive directors shall each receive his or her necessary travel and other incidental expenses as are incurred in the performance of duties, and all expenses, per diem, and compensation shall be paid out of the receipts of the board. At no time shall the operation of the board be an expense to the state.
(d) The executive director of the board shall have complete supervision and be held responsible for the direction of the office of the board, shall have supervision over employees, field inspections, examinations, and enforcement of this chapter, and shall be responsible and answerable to the board. The associate executive directors shall assist the executive director and perform such other duties as may be assigned to him or her by the executive director.
(e) The executive director shall keep a record in which shall be registered the name and business address of every person to whom licenses have been granted in accordance with this chapter, the number and date of the license, and the date of each renewal. Upon request to do so, the executive director shall supply a list of all persons and establishments holding a license under this chapter, then in force, giving the names of the persons, their business addresses, and the numbers of their licenses.
(f) It shall be the duty of the executive director to prepare under the direction of the board and cause to be printed all forms required by this chapter to be prescribed by the board. All notices required to be mailed by this chapter shall be directed to the last known address of the party to whom the notice is sent.
(g) The executive director shall serve at the pleasure of the board and shall perform duties as may be necessary for the proper functioning of the board as the board may determine or as may be prescribed in this chapter. During the employment of the executive director, he or she may not be employed by any funeral establishment.
(h) All fees and fines received under this chapter shall be paid into a special fund in the State Treasury to be known as the Alabama State Funeral Service Fund, which is hereby created, for the necessary and proper expenses of the board, and for a reasonable reserve for future use by the board. All monies in the fund are hereby appropriated, as a continuing appropriation, to the board to be used for carrying out this chapter. Commencing on October 1, 2023, the name of the fund shall be changed to the Alabama Board of Funeral Services Fund.
(i) Each member of the board, the executive director, the associate executive directors, designated employees, and independent contractors of the board appropriately identified are authorized at any given time to enter the office, premises, establishment, or place of business where any practice or activity regulated by this chapter is carried on, or advertised as being carried on, and to investigate complaints or perform examinations or inspections. Each on-site inspection shall include an inspection of the license, certification, and registration of each licensee and apprentice trainee operating therein.
(j) All members of the board or designated employees of the board may serve and execute any process issued by any court under this chapter and execute any papers, orders, or process issued by the board or any officer or member of the board under this chapter.
(k) The board may employ clerical assistants and employees as necessary to carry out this chapter, and the terms and conditions of employment shall be determined by the board. The board may establish and equip an office from which this chapter may be carried out.
(l)(1) 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 may be 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 real property, or making improvements thereto, the board may expend any funds contained in the Funeral Board Property Acquisition Fund established in subdivision (2), 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. As used in this subsection, “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, 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, 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.
(2) There is established the Funeral Board Property Acquisition Fund within the State Treasury. Any funds received by the board pursuant to this section shall be deposited into the property acquisition fund and shall be held by the board in trust for carrying out the purposes of the property acquisition fund. Amounts in the property acquisition fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12. Not later than May 1, 2022, the executive director shall transfer from the Alabama State Funeral Services Fund to the property acquisition fund an amount determined by vote of the board for the purchase of real property. Thereafter, the board shall annually, during the month of October, transfer an amount between two percent and seven percent of the receipts of the board from the previous fiscal year to the property acquisition fund.
(3) At the end of each fiscal year, any unencumbered and unexpended balance in the property acquisition fund shall not revert to the State General Fund but shall carry over to the next fiscal year.
(Acts 1975, No. 214, p. 705, §6; Acts 1981, No. 81-200, p. 234, §4; Acts 1995, No. 95-517, p. 1047, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2018-451, §1; Act 2022-339, §1; Act 2023-94, §1.)
Each member of the board and member of any committee or subcommittee established by the board, after appointment and before entering upon his or her duties, shall make oath before some officer competent to administer oaths that he or she is legally qualified to become a member of the board, committee, or subcommittee under this chapter and that he or she will faithfully perform the duties of the office, a copy of which shall be filed in the office of the Secretary of State.
(Acts 1975, No. 214, p. 705, §7; Act 2022-339, §1.)
All hearings provided for by this chapter shall be conducted pursuant to the Alabama Administrative Procedure Act.
(Acts 1975, No. 214, p. 705, §31; Act 2017-433, §1.)
(a) The board shall adopt and enforce for the protection of the public health, safety, and welfare reasonable rules pursuant to the Alabama Administrative Procedure Act.
(b) The board may establish committees and subcommittees, hold hearings, conduct investigations, subpoena witnesses, subpoena documents, administer oaths, and take testimony in order to carry out this chapter.
(c) A committee or subcommittee established by the board may conduct meetings, hold hearings, conduct investigations, subpoena witnesses, subpoena documents, administer oaths, and take testimony to carry out matters related to this chapter and may perform any other duty prescribed by the board. Each committee and subcommittee shall report any findings and recommendations to the board for approval.
(Acts 1975, No. 214, p. 705, §34; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) The board shall adopt a common seal, which may be altered as often as the board may desire, and the funeral division of the board may adopt and enforce, for the protection of the public health, safety, and welfare, reasonable rules relating to all of the following:
(1) The practice of the profession of embalming, including, but not limited to, solicitation of business.
(2) The practice of the profession of funeral directing, including, but not limited to, solicitation of business.
(3) The sanitary condition and physical facilities of funeral homes, mortuaries, and funeral establishments where the profession of embalming and funeral directing is carried on, with particular regard to plumbing, sewage, disinfecting, ventilation, and equipment.
(4) Carrying out generally the various provisions of this chapter for the protection of the peace, health, safety, and welfare of the public.
(5) Carrying out a program for training of apprentice embalmers and apprentice funeral directors.
(6) The sale of goods, services, and merchandise and the operation of entities and establishments regulated by the board.
(b) The preneed division of the board may adopt and enforce, for the protection of the public health, safety, and welfare, reasonable rules relating to the sale of preneed merchandise and services.
(Acts 1975, No. 214, p. 705, §§8, 34; Act 2022-339, §1; Act 2023-94, §1.)
[Repealed]
Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
(Acts 1975, No. 214, p. 705, §36; Acts 1981, No. 81-200, p. 234, §4.)
All necessary expenses incurred in giving examinations to applicants and incidental to the renewal of licenses and all necessary expenses incurred in education and enforcing this chapter shall be audited by the Department of Examiners of Public Accounts and paid from the funds provided for in this chapter in the same manner as other claims against the state are paid after due approval thereof by the chair and executive director of the board.
(Acts 1975, No. 214, p. 705, §37; Act 2017-433, §1.)
(a) Whenever, by decision, final order, or other final determination upon any public hearing provided for by this chapter, a party to such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery County, Alabama.
(b) On taking and perfecting an appeal to the Circuit Court of Montgomery County, Alabama, the court shall proceed as in other cases.
(c) All appeals shall be taken within 30 days from the date of the order entered of the board which is the basis of the appeal and shall be granted as a matter of right and be deemed perfected by filing with the board a bond for security of costs of the appeal. Upon filing of a verified petition and hearing thereon, the court, in its discretion, may stay the order appealed from pending final judicial review. No new or additional evidence may be introduced in the circuit court except as to fraud or misconduct of some person engaged in the administration of this chapter and affecting the order, rule, or ruling appealed from. The court shall otherwise hear the case upon the record as certified to the court by the executive director of the board and shall set aside the order, rule, or action appealed from if the court finds that the board erred to the prejudice of the appellant’s substantial rights in its application of the law; or, the order, decision, or award was procured by fraud or was based upon a finding of facts contrary to the substantial weight of the evidence, or that the order was arbitrary, capricious, or inconsistent with respect to any of the material issues involved; or that the board failed in its order to find sufficient facts as to each material issue involved to enable the court to determine the basis for the conclusion of the board. The court, instead of setting aside the order, shall remand the case to the board for further proceedings in conformity with the direction of the court. The court, in advance of judgment and upon a sufficient showing, may remand the cause to the board for the purpose of taking additional testimony or other proceedings.
(d) An appeal may be taken from the judgment decree or any appealable order of the circuit court to the Supreme Court of this state. Appeals to the Supreme Court shall be taken, perfected, heard, and determined in the manner prescribed by law and the Alabama Rules of Appellate Procedure for taking, perfecting, hearing, and determining appeals to the Supreme Court.
(Acts 1975, No. 214, p. 705, §32; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
(a) Beginning with the 2024 fiscal year, the Department of Insurance may transfer to the board quarterly, for deposit by the board into the Alabama Board of Funeral Services Fund, the total amount of three hundred thousand dollars ($300,000) per fiscal year, to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023 by the board.
(b) Unless extended by an act of the Legislature, at the end of the 2027 fiscal year subsection (a) shall have no further effect.
(c) Beginning June 1, 2026, upon each final disposition for which a funeral establishment makes funeral arrangements or otherwise renders services regulated by this chapter, the board may require each funeral establishment to pay an administrative fee, not to exceed thirty dollars ($30), to the board for deposit by the board into the Alabama Board of Funeral Services Fund. The board, by rule, may provide procedures for assessing and collecting the fee.
(Act 2023-94, §10; Act 2026-590, §1.)
The Alabama Board of Funeral Service shall recognize and approve and accept applicants for examination from only those established embalming schools or colleges which are recognized by the board. The board shall recognize and approve any embalming school or college approved by the American Board of Funeral Service Education, and any additional embalming schools or colleges which offer courses of study which generally include the subjects set out in Section 34-13-94. The Alabama Board of Funeral Service shall not examine or issue an embalmer’s license to any person who does not hold a certificate of graduation from an embalming school or college meeting the criteria or standards as defined in this section. The board may not examine or issue a funeral director’s license to any person who has not completed a course of instruction in funeral arts at an accredited mortuary or funeral service school or college meeting the criteria or standards defined in this section.
Acts 1975, No. 214, p. 705, §20; Act 2011-623, p. 1439, §1; Act 2012-423, p. 1142, §1.)
(a) The board may recognize and issue, without examination and upon payment of a fee not in excess of five hundred dollars ($500) for each license, a reciprocal license for the practice of funeral directing or embalming to any person licensed as a funeral director or embalmer by any state, if the board makes an individual determination that the qualifications of the applicant meet or exceed the minimum qualifications required for funeral directors or embalmers in this state and that a written examination of such applicant would be superfluous.
(b) Applications shall be made on forms prescribed and furnished by the board. An applicant holding a funeral director or embalmer license from another state, and applying for a funeral director or embalmer license in Alabama shall be considered for licensing by reciprocity.
(c) Commencing on October 1, 2017, in addition to the requirements of subsections (a) and (b), an applicant for a funeral director or embalmer license shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a funeral director or embalmer license may be disclosed if necessary to support the denial.
(d) The board, at the time of the application, shall make a reasonable determination that the applicant is a legal resident of the United States or legally present in this state. The board reserves the right to require applicants for reciprocity to submit to a personal interview or a written examination relating to the law as it pertains to the regulation of the funeral service profession in Alabama.
(e) The board shall issue a special work permit to a qualified funeral director or embalmer when the board determines that the applicant satisfies all requirements for reciprocity and a fee, not exceeding one hundred dollars ($100), is received by the board. A special work permit shall expire on the date of the next regular board meeting occurring after issuance.
(Acts 1975, No. 214, p. 705, §19; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2006-598, p. 1635, §1; Act 2008-91, p. 118, §3; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)
(a) Licenses under this chapter shall be granted to individuals upon the qualification and successful examination of the individual applicant and shall specify the name to whom it is issued. A license, registration, or certificate granted under this chapter shall be on public display.
(b) A funeral establishment license issued under this chapter shall include the name of the funeral establishment, the name of the managing funeral director, and the name of the managing embalmer. The license shall be on public display.
(c) Every license, certification, and registration issued under this chapter shall be signed by the chair and executive director and shall be displayed in the place of business or employment of the licensee.
(d) Any person engaged in a business, profession, or practice licensed and regulated pursuant to this chapter shall do each of the following:
(1) Possess on his or her person, or be able to promptly produce, a legible and current board issued wallet license when performing any duty regulated pursuant to this chapter.
(2) Upon the request of a board member, the executive director, an associate executive director, or a designated and appropriately identified employee of the board, promptly produce his or her legible and current board issued wallet license.
(Acts 1975, No. 214, p. 705, §21; Act 2011-623, p. 1439, §1; Act 2017-433, §1; Act 2022-339, §1.)
(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.
(Acts 1975, No. 214, p. 705, §22; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Acts 1983, No. 83-746, p. 1235, §1; Act 2002-239, p. 498, §2; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2014-302, p. 1095, §1; Act 2017-433, §1; Act 2022-339, §1.)
No license granted under or regulated by this chapter shall be transferable or assignable, unless otherwise authorized by this chapter.
(Acts 1975, No. 214, p. 705, §10; Act 2017-433, §1; Act 2022-339, §1.)
(a) When a license, certificate, or registration renewal is past due, the board may renew the license, certificate, or registration if application for renewal is made within a period of 30 days from the date of becoming past due and is accompanied by payment of all past due penalties and fees. The past due penalties to be paid to the board shall not exceed one hundred dollars ($100).
(b) After the 30-day period has elapsed, a license may be reinstated with application for reactivation, payment of all fees and penalties, and approval by the board. The original application of the applicant seeking reactivation must be in the possession of the board.
(Acts 1975, No. 214, p. 705, §24; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2011-623, p. 1439, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) The board may refuse to license any person, entity, or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed in subsection (c), the licensee or prospective licensee may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the board in writing within 14 calendar days after the date of the refusal. Upon request, the board shall provide the licensee or prospective licensee with 20 days’ notice of the public hearing by United States certified mail. The public hearing shall be conducted pursuant to Section 34-13-26.
(b) A public hearing conducted pursuant to Section 34-13-26 shall be provided by the board to any licensee for whom the board is considering the probation, suspension, or revocation of a license.
(c) The board may suspend, revoke, or place on probation a license if the licensee is found guilty of any of the following:
(1) Conviction of a crime involving moral turpitude, as defined by this chapter, including, but not limited to, any crime where the individual has to register as a sex offender in any jurisdiction.
(2) Unprofessional conduct, which is defined to include any of the following:
a. Misrepresentation or fraud in the conduct of the business or the profession of any license issued pursuant to this chapter.
b. False or misleading advertising as a licensee under this chapter or knowingly engaging in any advertising which is misleading or inaccurate.
c. Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, from medical professionals or clergy, whether the solicitation occurs after death or while death is impending.
d. Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, whether the solicitation occurs after death or while death is impending.
e. Employment by the licensee of a person or persons to be used for the purpose of obtaining or soliciting business, whether the solicitation occurs after death or while death is impending.
f. Employment directly or indirectly of any apprentice, agent, assistant, embalmer, employee, or other person, on part or full time or on commission, for the purpose of calling upon individuals or institutions where a death has occurred or is imminent by whose influence dead human bodies may be turned over to a particular funeral director or embalmer or funeral establishment, or both.
g. The buying of business by the licensee or his or her agents, assistants, or employees.
h. Gross immorality.
i. Aiding or abetting an unlicensed person, establishment, or entity in violation of this chapter.
j. Using profane, indecent, or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relative of a deceased whose body has not yet been interred or otherwise disposed of.
k. Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any mausoleum or cemetery.
l. Any violation of this chapter or order or rule of the board.
m. Any violation of state law or municipal or county ordinance or regulation affecting the handling, custody, care, disposition, or transportation of dead human bodies.
n. Fraud or misrepresentation in obtaining a license.
o. Refusing to promptly surrender the custody of a dead human body, upon the express order and payment for services rendered of the person lawfully entitled to the custody thereof.
p. Performing services in a professional capacity as a licensee for any unlicensed funeral establishment operating in violation of this chapter.
q. Being intoxicated or under the influence of illegal drugs while on duty or while performing any duty or responsibility prescribed by this chapter.
r. Willfully retaining or willfully failing to account for any property of a decedent.
s. Knowingly and willfully signing any documentation as having embalmed or prepared a body for burial when, in fact, the services were not performed by the licensee.
t. Failure to give full cooperation to the board or its designees, agents, or other representatives in the performance of official duties of the board.
u. Failing to furnish any relevant papers or documents requested by or for the board.
v. Failing to furnish, in writing, an adequate explanation relating to a matter contained in a complaint filed with the board against the licensee.
w. Failing to respond to a subpoena issued by the board, without good cause shown, whether or not the licensee is the party charged in any proceeding before the board.
x. Not providing reasonable access to the board or an authorized agent or representative of the board for the performance of reviews, investigations, or inspections at facilities or places utilized by the licensee in the practice of funeral service, funeral directing, or in performing any other activity regulated by the board.
y. Failing to provide information within a specific time as required by the board or an authorized agent or representative of the board.
z. Failing to cooperate with the board or an authorized agent or representative of the board in the investigation of any alleged misconduct or interfering with a board investigation through the willful misrepresentation of facts.
aa. Deceiving or attempting to deceive the board regarding any matter under investigation, including the altering or destroying of any records.
bb. Failure, without good cause, to cooperate with any request from the board to appear before the board.
cc. Violating any statute, ordinance, or rule of the state or any board, agency, or political subdivision of the state affecting the registration of deaths, the handling, custody, care, disposition, or transportation of dead human bodies, or the sale of funeral services or funeral merchandise.
dd. Demonstrating bad faith, incompetence, or untrustworthiness or dishonest, fraudulent, or improper dealing or any other violation of this chapter or any rule adopted by the board or by the Federal Trade Commission relative to the practice of any activity regulated by the board.
ee. Any other reason as determined by the board that would render an individual unsuitable for licensure or certification by the board.
ff. A licensee accepting funds for a preneed contract or other prepayment of funeral or disposition expenses without a certificate of authority to sell preneed contracts or, if registered to sell preneed contracts, failing to deposit the funds with a qualified trustee or to timely remit premium payments from the consumer to the insurer.
gg. Using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise. A previously used casket shell may be used for the viewing of remains if a new interior or interior insert is installed before each usage of the casket shell.
(d) In addition to the disciplinary actions authorized in subsection (c), the board may levy and collect administrative fines for violations of this chapter or the rules of the board in an amount not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation, unless otherwise provided for in this chapter or by rule of the board.
(Acts 1975, No. 214, p. 705, §25; Acts 1995, No. 95-517, p. 1047, §2; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) It is unlawful for any person or entity, for hire or profit, to engage in, or hold himself, herself, or itself out as qualified to engage in any business, profession, or practice regulated and licensed under this chapter without a valid license, certification, or registration issued by the board.
(b) Any person or entity who has been found to have engaged in the unlawful unlicensed practice of any activity regulated by the board pursuant to this chapter shall be subject to a fine of not more than two thousand five hundred dollars ($2,500) for each violation and other sanctions authorized by this chapter.
(Act 2017-433, §2; Act 2022-339, §1.)
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.
(Acts 1975, No. 214, p. 705, §39; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
(a) No person shall engage in, or attempt to engage in, the practice or profession or business of a funeral director unless licensed to do so by the board. The board may issue licenses to funeral directors.
(b) Any person desiring to engage in the business, profession, or practice of funeral director shall make application to the board and shall accompany his or her application by a fee to be established by the board, not to exceed five hundred dollars ($500).
(c) Commencing on October 1, 2017, in addition to the requirements of subsection (b), an applicant for a funeral director license shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a funeral director license may be disclosed if necessary to support the denial.
(Acts 1975, No. 214, p. 705, §§9, 40; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Acts 1991, No. 91-196, p. 360, §3; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
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.
(Acts 1975, No. 214, p. 705, §12; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
(a) An applicant for a funeral director’s license is entitled to an examination if he or she satisfies all of the following:
(1) Is a citizen of the United States or legally present in this state.
(2) Is at least 18 years of age.
(3) Has completed an apprenticeship in accordance with this chapter and rule of the board.
(4) Has completed a course of instruction in an accredited mortuary or funeral service school or college which has been approved by the board pursuant to Section 34-13-50, or has completed a bachelor’s degree program from an accredited school.
(5) Has completed an examination on state funeral service laws and rules.
(b) The board may certify an applicant to take an examination for a funeral director’s license after verifying that the applicant has completed a course of instruction as defined in this chapter.
(c) The board shall establish and charge a reasonable examination fee, based on actual costs, for each applicant who sits for an examination. In no event shall the fee exceed fifty dollars ($50) above the actual cost of preparing and administering the examination.
(Acts 1975, No. 214, p. 705, §13; Acts 1983, No. 83-746, p. 1235, §1; Act 2008-91, p. 118, §3; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
(a) The applicant for a funeral director’s license, before the application is granted, shall successfully pass an examination upon, but not limited to, the following subjects: Funeral directing; funeral service management and administration; merchandising; cremation and other forms of disposition; funeral service psychology and counseling; funeral service law and ethics; any other courses of instruction related to the American Board of Funeral Service Education curriculum; and other courses of instruction in fundamental subjects as may be prescribed by the board. The examination shall be prepared and graded as prescribed by rule of the board. The board may review and adopt, in whole or in part, examination questions, forms, examinations, and passing criteria proposed by the American Board of Funeral Service Education, or a successor organization, and may use the uniform nationwide conditions of the International Conference of Funeral Service Examining Boards, or other organization approved by the board.
(b) All examination papers shall be kept on file by the board for at least three years.
(c) To constitute a passing grade, an applicant shall earn a score adopted by rule of the board.
(d) If the board is satisfied that an applicant has the requisite qualifications to practice the occupation of funeral directing, a license shall be issued authorizing the applicant to practice such occupation until October 1 of that year, at which time the license may be renewed as prescribed in this chapter.
(e) The board may delegate the responsibility of conducting or administering a license examination to any qualified person or entity who is not a member of the board.
(f) An applicant may take the required license examination during the time that his or her application for license is pending.
(Acts 1975, No. 214, p. 705, §14; Act 2009-12, p. 22, §3; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
(a) When a licensed funeral director dies leaving a licensed funeral business with no licensed funeral director, the surviving spouse, or a surviving child of legal age, may make application for examination as a funeral director. The application shall be in writing, on a form prescribed by the board, and shall state the facts pertaining to the case. The board may certify the applicant for the examination prescribed for funeral directors, in which event the requirements with respect to prior experience and apprenticeship shall be waived.
(b) When a licensed funeral director dies leaving a licensed funeral business with no licensed funeral director, the board may issue a special operating permit to the operator of the licensed funeral business for a period of up to 12 months, with the board having the right to extend the permit an additional reasonable time to afford the operator the opportunity of obtaining a licensed funeral director for the business. The operator shall pay a fee for the issuance of the special operating permit in an amount not exceeding one hundred dollars ($100).
(c) All human remains embalmed for a funeral establishment operating under a special operating permit and all funeral directing operations carried on under the permit shall be in conformance with all the requirements of this chapter which are not in conflict with this section.
(Acts 1975, No. 214, p. 705, §45; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)
(a) No person shall follow, engage in, or hold himself or herself out as engaged in the practice as an embalmer unless licensed to do so by the Alabama Board of Funeral Service. The board is granted authority to issue licenses to embalmers.
(b) All persons shall qualify for examination in accordance with this chapter and shall be licensed as an embalmer only after due examination by the board and the payment of an examination and license fee to be established by the board, not to exceed five hundred dollars ($500).
(c) In addition, the board shall establish and charge a reasonable examination fee, based on actual costs, for each applicant who sits for an examination. In no event shall the fee exceed fifty dollars ($50) above the actual cost of preparing and administering such exam.
(Acts 1975, No. 214, p. 705, §10; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Acts 1991, No. 91-196, §3; Act 2011-623, p. 1439, §1.)
(a) The applicant for an embalmer’s license shall make application to the board. The application shall be in writing and verified on a form provided by and addressed to the board and shall be accompanied by the prescribed fee and by affidavits of at least two licensed embalmers to the effect that the applicant is of good moral character and has met all qualifications required for examination for license as prescribed by this chapter. The board may require an applicant for an embalmer’s license to submit to a personal interview.
(b) Commencing on October 1, 2017, in addition to the requirements of subsection (a), an applicant for an embalmer license shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of an embalmer license may be disclosed if necessary to support the denial.
(Acts 1975, No. 214, p. 705, §16; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
(a) In order to qualify for a license as an embalmer, the applicant shall satisfy all of the following:
(1) Be a citizen of the United States or legally present in this state.
(2) Be over 18 years of age.
(3) Be of good character.
(4) Have completed an apprenticeship in accordance with this chapter or rule of the board.
(5) Have completed a course of instruction in an embalming school or college which has been approved by the board as defined in Section 34-13-50.
(b) The board may certify an applicant to take an examination for an embalmer’s license after verifying that the applicant has graduated from an accredited mortuary or funeral service school or college meeting the criteria or standards defined in this chapter.
(c) The board shall establish and charge a reasonable examination fee, based on actual costs, for each applicant who sits for an examination. In no event shall the fee exceed fifty dollars ($50) above the actual cost of preparing and administering the examination.
(Acts 1975, No. 214, p. 705, §17; Acts 1983, No. 83-746, p. 1235, §1; Act 2008-91, p. 118, §3; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
The board may hold a public examination at least once each quarter for the purpose of examining applicants for an embalmer’s license, at such time and place as the board may determine. Notice of the time and place of the meeting shall be provided electronically to the various applicants and shall be available on the website of the board at least 15 days before the meeting or examination.
(Acts 1975, No. 214, p. 705, §15; Act 2014-125, p. 206, §1.)
(a) The board shall examine applicants for an embalmer’s license in all of the following subjects:
(1) Embalming.
(2) Restorative Art.
(3) Sciences related to embalming including, but not limited to: Pathology, anatomy, physiology, microbiology, and chemistry.
(4) The preparation of unembalmed human remains for final disposition, including the removal of medical devices, and identification viewing for cremation or other forms of disposition that do not require embalming.
(5) Other courses of instruction related to the American Board of Funeral Service Education curriculum or other courses of instruction in fundamental subjects as may be prescribed by the board.
(b) All examination papers shall be kept on file by the board for at least three years.
(c) To constitute a passing grade, an applicant shall earn a score adopted by rule of the board.
(d) The board may issue an embalmer’s license to an applicant who receives a passing grade on a recognized national embalmer’s examination approved by the board.
(e) If the board is satisfied that the applicant has the requisite qualifications to practice the occupation of embalming, a license shall be issued to him or her authorizing him or her to practice such occupation until October 1 of that year, at which time the license may be renewed as prescribed in this chapter.
(f) The board may delegate the responsibility of conducting or administering a license examination to any qualified person or entity who is not a member of the board.
(g) An applicant may take the required license examination during the time that his or her application for license is pending.
(Acts 1975, No. 214, p. 705, §18; Act 2009-12, p. 22, §3; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)
(a) Any person, corporation, partnership, society or group owning or operating a funeral establishment coming within this chapter may do so only through the services of a licensed funeral director or embalmer. No person not licensed as a funeral director or embalmer shall be permitted to perform the functions of a funeral director or embalmer as herein defined or hold himself or herself out to the public as such by reason of his or her ownership in a funeral establishment or by reason of his or her ownership of stock owned in or office held in a corporation to own or operate a funeral establishment. After September 10, 1975, no firm or corporation authorized to own and operate a funeral establishment may change or amend its name or charter so as to include in its firm or corporate name the name of any person who is not individually licensed as a funeral director in this state; provided, that this sentence shall not be applicable to the name of any firm or corporation owning or operating a funeral establishment on September 10, 1975, so long as such firm or corporation remains under the same ownership.
(b) If the business card of a funeral establishment contains the name of an individual, the individual shall be licensed by the board in accordance with this chapter, unless otherwise provided by this chapter or board rule.
(c)(1) Any funeral establishment advertising cremation or cremation services that does not own a crematory shall include the following disclaimer in a clear and conspicuous manner on all advertisements and printed material: “This establishment does not own a crematory.”
(2) For the purposes of this subsection, an advertisement shall include, but is not limited to, a notice or announcement in a public medium, including the Internet, promoting the funeral establishment and any printed material containing the name of the funeral establishment.
(Acts 1975, No. 214, p. 705, §40; Act 2017-433, §1.)
(a) No funeral establishment or branch thereof for the preparation, disposition, and care of dead human bodies shall be opened or maintained unless licensed by the board. No funeral establishment or branch shall be moved without obtaining a new funeral establishment license from the board.
(b) Every funeral service, memorial service, or committal service, or part thereof, that is conducted in Alabama, for hire or for profit, shall be in the actual charge and shall be under the direct supervision of a funeral director who is licensed by the board, unless otherwise provided for in this chapter or by rule of the board.
(c) The board shall set a fee, not exceeding one hundred fifty dollars ($150), that shall be in addition to the license fee for the first inspection of any funeral establishment seeking a license under Section 34-13-72 made for the purpose of determining whether the funeral establishment has fulfilled the requirements for licensure pursuant to this chapter. The board shall set a fee, not exceeding one hundred fifty dollars ($150), for each reinspection necessitated by failure of any funeral establishment to pass the first inspection. The board, or a representative of the board, shall annually conduct at least one unannounced inspection of each funeral establishment and branch, with an inspection fee of not more than one hundred dollars ($100). The inspection fee shall be submitted to the board within 45 days after the inspection. Any funeral establishment that does not submit the inspection fee within 45 days shall be charged a late penalty fee, as established by the board. A funeral establishment, or branch thereof, that is used for the preparation, disposition, and care of dead human bodies shall meet and conform to this chapter and to such other lawful standards and requirements as may be determined by rule of the board in furtherance of this chapter; and, for failure to do so, the board may revoke the funeral establishment license in accordance with the procedure set forth in this chapter.
(d) Applications for transfer of a license to another location in the same county shall be made upon a form furnished by the board and shall be accompanied by a fee of not more than seventy-five dollars ($75).
(e) Any change in ownership of a funeral establishment shall be immediately reported to the board on a form provided by the board. The new owner of the establishment shall comply with Section 34-13-112 and Section 34-13-113 and shall provide to the board a signed copy of the asset purchase agreement with dollar amounts redacted. The fee for a change of ownership application is two hundred fifty dollars ($250).
(Acts 1975, No. 214, p. 705, §44; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Acts 1983, No. 83-746, p. 1235, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1.)
(a) All applications for a license to operate a funeral establishment shall show that a managing funeral director and managing embalmer are employed by the establishment. All applications for a license to operate a crematory shall show that a managing cremationist is employed by the establishment. This section shall not be construed to require a full-time licensed embalmer at each funeral establishment. No funeral establishment shall be licensed except upon the basis of employing a managing funeral director who lives within 75 miles of the funeral establishment. All embalming shall be performed under a licensed embalmer. A licensed embalmer is not restricted from working for more than one funeral establishment.
(b) No managing funeral director, based upon whose license or licenses a funeral establishment license has been issued, may serve as the regularly employed managing funeral director at another funeral establishment owned by a different person, firm, or corporation at the same time for the purpose of qualifying the other establishment under this chapter.
(c) It is declared to be the legislative intent of this chapter that every funeral establishment in this state shall be operated under the full charge, control, and supervision of a managing funeral director and a managing embalmer. This section shall not preclude an unlicensed person from being in charge of the bookkeeping or records of such an establishment. The name of the licensed person to be in charge of each funeral establishment shall be stated on the application for all licenses or renewal of the licenses.
(d) The issuance of a license to operate a funeral establishment to a person who is not individually licensed as a funeral director or embalmer does not entitle the person to practice embalming or funeral directing, as defined by this chapter, it being the intent of this chapter that such practice may be performed only through individually licensed funeral directors and embalmers; and, in addition to all other grounds for suspension of a funeral establishment license as enumerated in this chapter, a funeral establishment license shall be revoked by the board upon hearing thereon if any person, whether owner, officer, stockholder, or otherwise, who is connected with the funeral home shall perform any of the functions of a funeral director or embalmer as defined herein or shall hold himself or herself out as a funeral director.
(Acts 1975, No. 214, p. 705, §43; Act 2017-433, §1.)
(a) Application for a license to operate a funeral establishment shall be made in writing on a form provided by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an application fee established by the board not to exceed five hundred dollars ($500) and proof of liability insurance as provided in subsection (e). The application shall disclose all of the following:
(1) The name and address of the establishment.
(2) That the establishment is operated by a managing funeral director and a managing embalmer or a person licensed both as a funeral director and embalmer.
(3) A description and photographs of the buildings, equipment, and facilities of the establishment.
(4) That the establishment has a sanitary, properly equipped embalming room, a room suitable for public viewing or other funeral services that is a minimum of 1,000 square feet, an office for arrangement conferences with relatives or authorized representatives, and a display room containing a stock of adult caskets and funeral supplies displayed in full size, cuts, photographs, or electronic images. At no time shall less than eight different adult full size caskets and at least one operating and properly licensed funeral coach or hearse equipped for transporting human remains in a casket or urn be on the premises. A funeral establishment that has more than one location under the same ownership wherein the profession of funeral directing is practiced is not required to maintain more than one preparation room upon satisfying requirements prescribed by the board.
(5) Such other information as may be required by the board.
(b) Upon receipt of the application, the board shall make inspection of the funeral establishment. If the board determines that the establishment meets the qualifications prescribed by law, it shall issue a license to operate a funeral establishment.
(c) Application for a license to operate a mortuary service shall be made in writing on a form provided by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an application fee established by the board not to exceed five hundred dollars ($500) and proof of liability insurance as provided in subsection (e). The application shall disclose all of the following:
(1) The name and address of the proposed mortuary service.
(2) That the mortuary service applicant is operated by a licensed embalmer or a person licensed both as a funeral director and embalmer.
(3) A description and photographs of the buildings, equipment, and facilities of the mortuary service applicant.
(4) That the mortuary service applicant has a sanitary, properly equipped embalming room.
(5) Such other information as may be required by the board.
(d) Upon receipt of the application, the board shall make inspection of the premises of the mortuary service applicant. If the board determines that the mortuary service applicant meets the qualifications prescribed by law, the board shall issue a license to operate a mortuary service.
(e) Commencing on October 1, 2023, each application for a license to operate a funeral establishment or to operate a mortuary service shall include proof of general liability insurance in an amount of at least one million dollars ($1,000,000). Upon request of the board, proof of continuing coverage shall also be provided for the renewal of either license.
(Acts 1975, No. 214, p. 705, §41; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) An operator of a funeral establishment licensed under subsections (a) and (b) of Section 34-13-113 who desires to change the name of the establishment may have his or her license reissued, in the changed name, upon application to the board and payment of a fee not exceeding seventy-five dollars ($75).
(b) An operator of a mortuary service licensed under subsections (c) and (d) of Section 34-13-113 who desires to change the name of the mortuary service may have his or her license reissued, in the changed name, upon application to the board and payment of a fee set by the board.
(Acts 1975, No. 214, p. 705, §23; Act 2011-623, p. 1439, §1.)
(a) The board may revoke, suspend, place on probation, or refuse to renew a license issued to an operator of a funeral establishment or mortuary service as provided in this chapter.
(b) If, upon a complaint made to the board or otherwise, the board has reason to believe that the operator of a funeral establishment or mortuary service has failed to comply with this chapter or the rules of the board, the board shall conduct an investigation. If it appears to the board that there is reasonable ground to believe that the operator has failed so to comply, the board shall conduct a hearing on the matter. Notice of the time and place of the hearing, setting forth the respects in which failure to comply is charged, shall be sent to the operator no later than 15 days prior to the date set for the hearing. The operator may have the assistance of counsel at the hearing.
(c) If the board finds that the operator has failed to comply with this chapter or the rule of the board, the board may revoke, suspend, or refuse to renew the license.
(Acts 1975, No. 214, p. 705, §33; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)
Any person, firm, partnership, society, group, or corporation who has control of a funeral home, mortuary, chapel, funeral establishment, crematory, or mortuary service and fails to register same according to this chapter, upon conviction, may be fined not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation, and each day that the funeral home, mortuary, chapel, funeral establishment, crematory, or mortuary service is operated shall be deemed to be a separate and distinct violation of this chapter.
(Acts 1975, No. 214, p. 705, §42; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)
Disposition of human remains shall occur within 48 hours after the time of death or the time the body is released by the coroner or a medical examiner, unless the body has been embalmed by a licensed embalmer in this state, with permission from the authorizing agent, or the body is kept under refrigeration. No public viewing of unembalmed bodies shall be permitted 24 hours after death has occurred. Nothing is this section shall prevent a licensed establishment from requiring identification before disposition.
(Act 2017-433, §2.)
(a) No person, firm, corporation, association, entity, or funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating dead human bodies, unless licensed by the board as a funeral establishment and the crematory being registered with the board and inspected by the board before any cremations of human remains are performed.
(b) A crematory shall satisfy all of the following requirements and have the following minimum equipment, facilities, and personnel:
(1) Registered with the board.
(2) Inspected by the board before performing any cremations.
(3) Fixed on the premises of a funeral establishment. For the purposes of this subdivision, fixed means permanently attached to the real property where the establishment is situated.
(4) Owned by the same individual, partnership, or corporation as the funeral establishment.
(5) Under the full charge and supervision of a managing cremationist who is licensed by the board as both a funeral director and cremationist and listed on the application as the managing cremationist. No managing cremationist may serve as the regularly employed managing cremationist at another crematory which is owned by a different person, firm, or corporation at the same time for the purpose of qualifying the other crematory under this chapter.
(6) Subject to all local, state, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the board, the Alabama Department of Public Health, the Environmental Protection Agency, the Alabama Department of Environmental Management, and other appropriate local, state, or federal agencies.
(7) Have a holding room within the crematory facility designated for the retention of human remains before and after cremation.
(8) Have at least one of each of the following:
a. An operable refrigeration unit for the storage of human remains.
b. An operable cremation chamber for the cremation of human remains.
c. An operable processor for reducing identifiable bone fragments.
d. An operable ventilation unit in conjunction with the processor.
e. A hand washing sink with hot and cold running water.
(9) Have all other necessary equipment and supplies, in working condition, needed to complete the cremation process.
(10) Have nonporous floors in the holding room, refrigeration unit, and around the cremation chamber.
(11) Maintained in a clean, orderly, and sanitary manner.
(c) The application to operate a crematory shall be made in writing on a form prescribed by the board. The application shall be verified by the applicant or, if the applicant is a corporation, firm, or other organization, by an officer or member thereof, and shall be accompanied by an initial application fee established by the board not to exceed five hundred dollars ($500).
(d) Upon receipt of the application, the board shall make inspection of the crematory. No crematory shall operate unless the crematory facility and funeral establishment have been inspected and approved as meeting all requirements of this chapter and rules of the board.
(e) Each funeral establishment and crematory which performs cremations shall maintain the following records:
(1) A cremation log containing any information required by the board.
(2) A copy of the cremation authorization form and the state identification form.
(3) A copy of the affidavit attesting to each cremation performed and, if the cremation is performed for another funeral establishment or entity, the identity of that funeral establishment or entity.
(f) The board shall inspect the records and premises of any funeral establishment operating a crematory. In making inspections, the board shall have access to all records, the crematory building, the cremation chambers, and the holding room for human remains before and after cremation. No prior notification of the inspection is required to be given to the funeral establishment. If any funeral establishment performing cremation services fails to allow an inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee, as the board may deem reasonable and necessary to the extent of the law. The board shall conduct annually at least one unannounced inspection of each licensed funeral establishment performing cremation services.
(g) Each funeral establishment performing cremation services shall keep records as required by the board to assure compliance with all laws relating to the disposition of human remains, and shall file annually with the board on October 1 a cremation report in the form prescribed by the board, describing the operations of the licensee, including the number of cremations, the disposition thereof, and any other information the board may require. Records required by the board shall be kept for four years by the funeral establishment.
(h) Each funeral establishment performing cremations shall maintain and submit a copy of the service, maintenance, or inspection reports of work completed or performed on the cremation chamber to the board within 30 days after completion.
(i) A funeral establishment or branch thereof, that has a crematory for cremating dead human remains shall at all times comply with this chapter and any board rule adopted pursuant to this chapter. Failure to comply, as determined by the board, may result in the revocation of the license of the funeral establishment, or branch thereof, pursuant to this chapter.
(j) The board shall adopt and enforce rules as reasonable and necessary for the operation of crematories in the state and to protect the health, welfare, and safety of the people of this state.
(k) A crematory facility licensed by the board may be used only for the cremation of human remains.
(l) A funeral establishment or crematory operating in the state before October 1, 2017, shall file with the board all new forms as required by this section, and shall be exempt from any new crematory facility requirements of this chapter that become effective on August 1, 2017. If major structural renovations are made to the crematory facility, the cremation chamber is relocated, or the funeral establishment is closed and reopened, the affected crematory facility shall satisfy all requirements relating to crematory facilities as provided in this chapter. Each cremationist licensed by the board on August 1, 2017, shall have until October 1, 2018, to satisfy the requirements of Section 34-13-120.01.
(Act 2002-239, p. 498, §3; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)
No person may conduct, maintain, manage, or operate a cremation facility unless licensed to do so by the board. The board may issue a license to practice as a cremationist after the applicant has satisfied all of the following requirements:
(1) Is at least 21 years of age.
(2) Is a citizen of the United States or legally present in this state.
(3) Is a high school graduate or the equivalent.
(4) Has successfully completed a crematory operator training course approved by the board.
(5) Has completed a course in universal precaution and blood-borne pathogens approved by the board.
(6) Has submitted a completed application and supporting documents, as required by the board, and a fee established by the board that does not exceed three hundred dollars ($300).
(7) Has successfully completed an examination on Alabama funeral service laws and rules.
(8) Has submitted to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a cremationist license may be disclosed if necessary to support the denial.
(b) Each new employee of a crematory required to be licensed under this section shall be certified within one year after his or her employment. A copy of all certified cremationist certificates shall be posted in the crematory and available for inspection at any time.
(c) Each funeral establishment performing cremation shall certify by affidavit to the board that each cremationist conducting cremations at the funeral establishment has satisfied all requirements of this chapter to be licensed as a cremationist and received adequate and appropriate training or experience in the practice of cremation.
(Act 2017-433, §2.)
(a) Human remains shall not be cremated under either of the following circumstances:
(1) Within 24 hours after the time of death, unless death was a result of an infectious, contagious, or communicable disease and unless the disease is verified and the time requirement waived by a medical examiner, county health director, county coroner, or attending physician where the death occurred.
(2) Without a completed cremation authorization form approved by the board and signed by the authorizing agent and a completed state identification form. A copy of the cremation authorization shall be presented with the body to the crematory before any cremation process may be initiated.
(b) All cremations of human remains performed in this state shall be arranged through a funeral establishment licensed by the board pursuant to this chapter.
(c) Whenever a crematory is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the human remains shall be placed and kept in refrigeration in accordance with this chapter.
(d) A crematory may not accept human remains from another funeral establishment without all of the following:
(1) The remains shall be accompanied by a completed cremation authorization form signed by an authorizing agent.
(2) A state identification form with the signature of the releasing party.
(3) An undetachable ankle bracelet identifying the remains.
(4) The remains shall be delivered or immediately placed in a combustible cremation container marked with identifying information of the human remains contained within. Human remains may not be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the cremation container is metal and the authorizing agent has been informed in writing that the crematory does not cremate metal containers.
(e) A cremation container shall be all of the following:
a. Composed of readily combustible materials suitable for cremation.
b. Able to be closed in order to provide a complete covering for the human remains.
c. Resistant to leakage or spillage.
d. Rigid enough for handling with ease.
e. Able to provide protection for the health, safety, and personal integrity of crematory personnel.
f. Equipped with a covering that clearly identifies the name and date of death of the decedent.
(f) It shall be disclosed to the family member serving as the authorizing agent that he or she, or his or her designee, may witness the transportation of the human remains to be cremated to the crematory. Every funeral establishment performing cremation services that prohibits relatives or the responsible party from viewing the cremation process shall disclose this fact in writing to the person or persons entitled to custody of the remains prior to the signing of any contract.
(g) An authorizing agent has the duty to inform the funeral director of the presence of a pacemaker or other potentially hazardous implant, including any toxic or explosive-type sealed implants in the human remains. The funeral director shall be responsible for ensuring that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory. Should the cremationist discover the presence of a pacemaker or other hazardous implants in the human remains, the cremationist shall arrange for the removal of the pacemaker or other hazardous implant.
(h) The simultaneous cremation of the human remains of more than one person within the same cremation chamber, without the prior written consent of the authorizing agent, is prohibited. Any funeral establishment performing cremations in accordance with this chapter may cremate only dead human remains.
(i) Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the cremation chamber and placed in a separate container and may not be commingled with cremated remains of another person nor shall cremated remains of a dead human be divided or separated without the prior written consent of the authorizing agent.
(j) Each funeral establishment and crematory which offers or performs cremations shall complete a state identification form. The form shall accompany the human remains in all phases of transportation, cremation, and return of cremated remains. All human remains to be cremated shall have the state identification form and a undetachable ankle bracelet identifying the remains.
(k) Upon completion of the cremation process, the cremationist shall attest to the identity of the cremated remains and the date, time, and place the cremation process occurred on a form prescribed by the board.
(l) Each crematory shall maintain the internal identification system prescribed by the board to ensure the ability to identify the human remains in the possession of the crematory throughout all phases of the cremation process. Upon completion of the cremation process, a copy of the state identification form shall be issued to the family certifying the identity of the cremated remains being issued to the family or funeral establishment.
(Act 2002-239, p. 498, §3; Act 2017-433, §1.)
(a) The authorizing agent shall provide a signed statement to the funeral establishment handling the cremation arrangements specifying the ultimate disposition of the cremated remains. A copy of this statement shall be retained by the funeral establishment for a period of five years.
(b) Cremated remains shall be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery.
(c) The authorizing agent is responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner and in accordance with any state, county, or municipal laws or provisions regarding the disposal of cremated remains. For purposes of this section, a dignified and humane manner of disposition includes, but is not limited to, placement in an appropriate mausoleum, crypt, vault, columbarium niche, or inground site. A record of this disposition shall be maintained by the entity making the disposition for a period of five years. Upon disposing of cremated remains in accordance with this section, the funeral establishment or entity in possession of the cremated remains shall be discharged from any legal obligation or liability concerning the cremated remains.
(d) Before the disposition of unclaimed cremated remains, the funeral establishment shall use best efforts to determine whether the remains belong to a United States military veteran who is eligible for burial in a veterans cemetery. For this purpose, the funeral establishment is authorized to disclose identifying information to the United States Department of Veterans Affairs, the Alabama Department of Veterans Affairs, or to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.
(e) The remains of an eligible veteran may be transported to a state or national veterans cemetery for interment or released for interment to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.
(Act 2002-239, p. 498, §3; Act 2023-491, §1.)
The board may refuse to grant, refuse to renew, suspend, or revoke the license of, or fine a cremationist or crematory, after proper hearing and notice is provided to the licensee, upon the board finding the licensee is guilty of any of the following:
(1) Any violation of this chapter or order or rule of the board.
(2) The performance of a cremation service by a person who is not licensed as a cremationist and who has not completed a training program as required by this chapter.
(3) Operating a building or structure within this state as a crematory without being licensed under this chapter.
(4) Violating any cremation procedure required by this chapter or rule of the board.
(5) Performing a cremation without receipt of a cremation authorization form signed by the authorizing agent.
(6) Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information.
(7) Accepting human remains from another funeral establishment without a completed cremation authorization form signed by the authorizing agent, a state identification form with the signature of the releasing party, and an undetachable ankle bracelet identifying the remains.
(8) Failure to maintain the internal identification system as required by the board.
(9) Failure to maintain identifying paperwork with the appropriate signatures.
(10) Failure to file an annual cremation report in the form required by the board.
(11) Failure to maintain a current cremation log.
(Act 2017-433, §2.)
(a) Every person desiring to engage as an apprentice shall satisfy all of the following:
(1) Make application as a funeral director’s apprentice or an embalmer’s apprentice to the board upon a form provided by the board. The applicant shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of an apprentice certification may be disclosed if necessary to support the denial.
(2) Be over the age of 18.
(3) Hold a high school certificate or the equivalent.
(4) Be of good moral character.
(b) Each application shall be verified by the oath of the applicant and be accompanied by a fee to be established by the board, not to exceed fifty dollars ($50).
(c) The executive director, whenever it appears to him or her that no reason exists for the denial of an application and that the application is regular upon its face, may issue to the applicant a certificate of apprenticeship without submitting the application to the board. If, however, any doubt exists as to the qualifications of the applicant, the application shall be submitted to the board and may be accepted or rejected by a majority of the board.
(d) The course of an apprenticeship shall be in accordance with this chapter or prescribed by rule of the board and performed in Alabama under the supervision of a funeral director or embalmer licensed by the board.
(Acts 1975, No. 214, p. 705, §26; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2011-623, p. 1439, §1; Act 2017-433, §1; Act 2022-339, §1.)
(a) A certificate of apprenticeship issued in accordance with this chapter shall be renewed annually in accordance with Section 34-13-53.
(b)(1) If an apprentice fails to renew his or her apprentice certification in accordance with this chapter, the certification may be reinstated with application for reactivation, payment of all fees and penalties, and approval by the board within a period prescribed by the board.
(2) Only one course of apprenticeship shall be allowed, and not more than two reactivations shall be granted by the board during the course of the apprenticeship.
(3) The board may allow an apprentice credit under a reactivation for time served under a previous certificate.
(Acts 1975, No. 214, p. 705, §27; Acts 1981, No. 81-200, p. 234, §4; Acts 1981, No. 81-709, p. 1190, §1; Act 2017-433, §1; Act 2022-339, §1.)
All apprentices registered as provided in this chapter shall be under the supervision and control of the board and shall include with their annual renewal case reports an annual report and skills evaluation on a form prescribed by the board. The information contained in the report shall be certified as correct by the funeral director or embalmer by whom the apprentice has been employed during his or her apprenticeship period.
(Acts 1975, No. 214, p. 705, §28; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)
The board has power to grant leaves of absence and to grant extensions thereof to apprentices registered under the provisions of this chapter. However, no credit shall be given to an apprentice upon his or her apprenticeship for the period during which he or she is absent from duty on leave, and no more than an aggregate of 12 months’ leave of absence shall be granted to any apprentice during the term of his or her apprenticeship. Application for leave of absence and for extension thereof shall be made by the apprentice upon a form provided by and addressed to the board. Upon the termination of a leave of absence or any extension thereof, the apprentice shall report to the board the fact that he or she has resumed his or her duties as an apprentice and certified to by the funeral director under whom he or she has resumed his or her duties or by the embalmer under whom he or she is apprenticed, confirming this fact. Failure to so report within 30 days after the expiration date of any leave of absence or extension thereof shall automatically cancel the registration of the apprentice.
(Acts 1975, No. 214, p. 705, §29.)
The board has power to suspend, revoke, or place on probation a certificate of apprenticeship where the apprentice is guilty of any of the following acts or omissions:
(1) Failure to devote not less than an average of 30 hours per week to the duties of his or her apprenticeship.
(2) Failure to make an annual report to the board as required by this chapter.
(3) Absence from duty except on vacation for an aggregate of more than 10 days in any six months or 20 days in any year, without leave of absence granted by the board.
(4) Gross immorality.
(5) Being on duty as an apprentice while under the influence of liquor or illegal drugs.
(6) Disobedience of proper orders or instructions of his or her superiors.
(7) Violation of this chapter or any rule of the board adopted pursuant to this chapter.
(8) Soliciting business for a funeral director or for any embalmer.
(9) Fraud or misrepresentation in obtaining a certificate as an apprentice.
(Acts 1975, No. 214, p. 705, §30; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)
[Repealed]
Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
(Acts 1976, No. 586, p. 798, §1.)
[Repealed]
Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
(Acts 1976, No. 586, p. 798, §§2, 4.)
[Repealed]
Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
(Acts 1976, No. 586, p. 798, §3.)
(a) This article shall be known and may be cited as the Alabama Preneed Funeral and Cemetery Act of 2023.
(b)(1) The Alabama Board of Funeral Services succeeds to and is vested with the powers, duties, and functions of the Department of Insurance relating to the regulation of endowment care, preneed sales contracts, and the licensing of preneed sales agents.
(2) All records of the Department of Insurance relating to the regulation of preneed sales contracts, endowment care, and the licensing of preneed sales agents are transferred to the board.
(3) The status of any person properly licensed by the Department of Insurance under the former Chapter 17A of Title 27, on the October 1, 2023, shall continue under the board.
(4) The administrative rules of the Department of Insurance existing on the October 1, 2023, shall remain in effect as administrative rules of the board until added, amended, or repealed by the board.
(5) The existence and functioning of the Alabama Preneed Funeral and Cemetery Act, created and functioning pursuant to Sections 27-17A-1 to 27-17A-57, inclusive, is continued as the Alabama Preneed Funeral and Cemetery Act of 2023, under this article. All rights, duties, and obligations existing in the name of the Department of Insurance relating to endowment care, preneed sales contracts, and preneed sales agent licenses shall continue under the board. Any reference to the Department of Insurance in any existing law, contract, or other instrument relating to endowment care, preneed sales contracts, and preneed sales agent licenses shall be deemed a reference to the board.
(6) The transfer of the regulation of preneed contracts and the licensing of preneed sales agents from the Department of Insurance to the board shall not affect the rights of any person held before October 1, 2023, as those rights relate to any preneed trust funds, endowment care trust funds, or any other funds held in trust pursuant to the Alabama Preneed Funeral and Cemetery Act.
(Act 2002-74, p. 221, §1; §27-17A-1; Act 2023-94, §3.)
Nothing in this chapter shall be construed to prohibit the funding of preneed contracts with multiple insurance or annuity contracts. Life insurance and annuity contracts used to fund preneed contracts shall conform with Title 27 as they relate to life insurance and annuities and shall cover not less than the initial retail price of the preneed contract.
(b) The initial premium payment for a life insurance policy or annuity contract shall be made payable to the issuing insurance company and the preneed seller shall remit the payment to the insurance company within 10 business days after the insurance application is signed by the parties. If a preneed contract provides for installment payments, each premium payment shall be made payable to the insurance company and, if collected by the preneed seller, shall be remitted to the insurance company within 10 business days after receipt by the preneed seller.
(c) Nothing in this chapter shall prohibit a seller, or any other person, from receiving commissions earned and payable in regard to funding preneed contracts with life insurance or annuity contracts, provided the seller or other person holds a valid insurance producer license in this state and is appointed by the insurance company paying the commission.
(d) A preneed seller may be identified as the beneficiary or assignee of the death benefit proceeds of a life insurance policy or annuity contract sold as a future funding mechanism for a preneed contract, but may not be the owner of the policy or annuity contract or exercise any ownership rights in the policy or annuity. If the preneed contract is cancelled before or after the death of the funeral beneficiary, the preneed seller shall cancel and relinquish any assignment of benefits or beneficiary status under the policy or annuity contract and deliver the policy or contract, if in the custody of the preneed seller, to the policy owner or his or her legal representative.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §1; §27-17A-3; Act 2023-94, §3.)
Nothing in this chapter shall be construed to prohibit cemetery authorities from selling funeral merchandise, funeral establishments from selling cemetery merchandise, or third-party sellers from selling either funeral merchandise or cemetery merchandise, or both. Provided, the required amount of the purchase price to be placed into trust shall be governed by the appropriate section of this chapter.
(Act 2002-74, p. 221, §1; §27-17A-1; Act 2023-94, §3.)
(a) No person may sell a preneed contract without first having a valid certificate of authority.
(b)(1) No person may receive any funds for payment on a preneed contract who does not hold a valid certificate of authority.
(2) Any preneed transaction in which a buyer pays to the seller before need, in whole or in part, a purchase price for funeral or cemetery merchandise and services, and in which the seller is not obligated to deliver the contracted for merchandise or to perform the services until need, in whole or in part, shall be evidenced by a written preneed contract satisfying the requirements of this chapter and signed by the seller and the purchaser. No person may receive or accept any form of consideration in such a transaction without a fully signed written preneed contract. A transaction not evidenced by a signed written preneed contract shall be voidable at the election of the buyer and, if such election is made, the seller shall refund to the buyer the entire amount paid by the buyer together with interest thereon at the legal rate within 30 days after notice to the seller.
(3) The provisions of subdivision (1) do not apply to the purchase of a life insurance policy or annuity, the benefits of which are assigned to a funeral home or cemetery authority, or the benefits of which are to be paid to a funeral home or cemetery authority named as beneficiary of the policy or annuity, as long as the purchaser and funeral home or cemetery authority acknowledge in writing that no preneed contract is entered as a result of the purchase or assignment of the life insurance policy or annuity at the time the policy or annuity is purchased. Benefits from a life insurance policy or annuity issued under this subdivision shall only be paid to a funeral home or cemetery authority that provides funeral or cemetery merchandise and services at the death of the insured whether or not the funeral home or cemetery has been named as an assignee or the beneficiary of the policy or annuity. If the amount of the policy or annuity proceeds exceeds the actual funeral costs at the time of need, the excess amount shall be paid to a designated beneficiary, other than a funeral home or cemetery authority, or to the estate of the insured or annuitant.
(4) Subdivision (1) does not apply to any legal reserve insurance company or to any trust company or to any national or state bank or savings and loan association having trust powers which company, bank, or association receives any money in trust pursuant to the sale of a preneed contract.
(c)(1) No person may obtain a certificate of authority under this chapter for the preneed sale of funeral services or cemetery services unless the person or its agent, in the case of a corporate entity, holds a license as a funeral director or a funeral establishment, or is a cemetery authority and qualifies as an applicant for a certificate of authority pursuant to all of the following standards and qualifications:
a. The applicant shall be at least the legal age of majority in this state.
b. The applicant shall be in good standing with the board.
c. The applicant may not have any felony or misdemeanor convictions that relate to any activity regulated by this chapter or a crime involving moral turpitude, as defined by this chapter.
d. The applicant shall be of good moral character and submit to a criminal history background check pursuant to subdivision (2).
(2) An applicant for a certificate of authority shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subdivision confidential, except that information received and relied upon in denying the issuance of a certificate of authority may be disclosed if necessary to support the denial. All character information, including the information obtained through the criminal history background checks, shall be considered in licensure decisions to the extent permissible by all applicable laws.
(d) This section does not apply to a cemetery authority owned or operated by a governmental agency or a religious institution or to those cemeteries that do not charge fees or sell plots, interment rights, or any related cemetery merchandise.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §1; §27-7A-10; Act 2023-94, §5.)
(a) An application to the board for a certificate of authority shall be accompanied by the statement and other matters described in this section in the form prescribed by the board. Annually thereafter, or within an extension of time as the board for good cause may grant, the person authorized to engage in the sale of preneed contracts shall file with the board a full and true statement of his or her financial condition, transactions, and affairs prepared on a basis as adopted by a rule of the board, as of the preceding fiscal period or at such other time or times as the board may provide by rule, together with information and data which may be required by the board.
(b) The statement shall include all of the following:
(1) The types of preneed contracts proposed to be written and the type of funding vehicles to be used.
(2) The name and address of the place of business of the person offering to write preneed contracts.
(3) Evidence that the person offering the statement has all of the following qualifications:
a. The ability to discharge his or her preneed liabilities as they become due in the normal course of business and sufficient funds available during the calendar year to perform his or her obligations under the contract.
b. Compliance with the trust requirements for the funds received under contracts issued by himself or herself as hereinafter described.
c. Compliance with the disbursement requirements for interest, dividends, or accretions earned by trust funds, in accordance with this chapter and rules adopted pursuant to this chapter.
d. Compliance with this chapter and any rules of the board.
(4) Any other information considered necessary by the board to meet the board’s responsibilities under this chapter.
(c) If the person is an individual, the statement shall be sworn to by him or her; if a firm or association, by all members thereof; or, if a corporation, by any officer of the corporation.
(d)(1) An application to the board for an initial certificate of authority shall be accompanied by an application fee in an amount to be determined by the board not to exceed five hundred dollars ($500). Thereafter, each annual application for renewal of a certificate of authority shall be accompanied by the appropriate fee as determined by the board not to exceed five hundred dollars ($500).
(2) Any person that is part of a common business enterprise that has a certificate of authority issued pursuant to this chapter and elects to operate under a name other than that of the common business enterprise shall submit an application on a form prescribed by the board to become a branch registrant. Upon the approval of the board that the entity qualifies to sell preneed contracts under this chapter, except for the requirements of paragraph (b)(3)a., and if the certificate holder meets the requirements of paragraph (b)(3)a., a branch registration shall be issued. Each branch registrant may operate under the certificate of authority of the common business enterprise upon the payment of a fee established by the board not to exceed five hundred dollars ($500). Thereafter, each annual application for renewal of a branch registration shall be accompanied by the appropriate fee, as determined by the board, not to exceed five hundred dollars ($500).
(e) Upon the board being satisfied that the statement and matters that accompany the statement meet the requirements of this chapter and of its rules, the board shall issue or renew the certificate of authority.
(f) The certificate of authority shall expire annually on October 1 unless renewed, or at such other time or times as the board may provide by rule.
(g) On or before a date adopted by the board each year, the certificate holder shall file with the board in the form prescribed by the board a full and true statement as to any preneed activities pursuant to this chapter for the preceding calendar year.
(h) In addition to any other penalty provided for under this chapter, the board may levy a fine not to exceed fifty dollars ($50) per day for each day the certificate holder fails to file its annual statement, and the board may levy a fine not to exceed fifty dollars ($50) per day for each day the certificate holder fails to file the statement of activities of the trust. Upon notice to the certificate holder by the board that the certificate holder has failed to file the annual statement or the statement of activities of the trust, the certificate holder’s authority to sell preneed contracts shall cease while the default continues.
(i) To facilitate uniformity in financial statements and to facilitate analysis, the board, by rule, may adopt a form for financial statements. The holder of a certificate of authority may submit a written request to the board to exempt the holder from filing financial statements at renewal. The board may waive the requirement for filing a financial statement at renewal if all of the following are satisfied:
(1) No valid complaint has been filed since the last audit.
(2) No administrative action against the preneed entity has been instituted since the last audit.
(3) The certificate holder certifies that all outstanding preneed contracts written by the holder since April 30, 2002, are fully funded in accordance with this chapter.
(4) The certificate holder certifies that it will fully fund all preneed contracts with life insurance or annuity, or will deposit 100 percent of all funds collected on all preneed contracts in trust within 30 days after the end of the calendar month in which the funds are collected.
(5) The preneed entity has provided to the board in a timely manner all required and requested records.
(6) The preneed entity agrees to file reports of its preneed activity on a form, in a format, and as often as prescribed by the board.
(j) The board may authorize the transfer of certificates of authority and establish fees for the transfer in an amount not to exceed five hundred dollars ($500). Upon receipt of an application for transfer, the board may grant a temporary certificate of authority to the proposed transferee, based upon criteria established by the board, by rule. The criteria shall promote the purposes of this chapter in protecting the consumer. A temporary certificate of authority shall expire 60 days after issuance unless renewed by the board.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §1; §27-17A-11; Act 2023-94, §5; Act 2026-590, §1.)
(a) Each year, the certificate holder shall file one or more reports of its preneed contract activity on a form or in a format prescribed by the board and as often as deemed necessary by the board. The information reported shall include the total number of preneed contracts in force at the end of the previous calendar year, the total number of preneed contracts sold during the previous calendar year, the total number of preneed contracts fulfilled during the previous calendar year, the total number of preneed contracts in force at the end of the previous calendar year, and such other information as may be required by the board. The report shall be organized by type of funding, including life insurance, annuity, trust, letter of credit, or surety bond. The report shall also provide a certification by the trustee of the amount of assets held by the trust at the beginning of the reporting period and at the end of the reporting period, together with the amount of deposits and withdrawals during the reporting period.
(b) The certificate holder shall maintain a written log of preneed sales. The log shall be on a form or in a format prescribed by the board, shall detail all information required by the board, and shall be available for inspection at any time by the board.
(c) Each cemetery authority shall maintain a written log of the sale of cemetery interment rights. The log shall be on a form or in a format prescribed by the board and shall detail all information required by the board.
(d) The board may maintain a statewide database of preneed contracts reported to the board pursuant to subsection (a). The board may make information in this database searchable by the public by means of unique identifiers, or any other means that the board determines respects the privacy of those involved while also protecting consumers from financial waste by allowing families to determine if a deceased loved one has an existing preneed contract. Any preneed consumer who does not wish for his or her information to appear in this searchable database may opt out by following a process established by the board.
(Act 2014-216, p. 653, §2; §27-17A-11.1; Act 2023-94, §5; Act 2026-590, §1.)
(a) Preneed contract forms and related forms shall be filed with and approved by the board.
(b) Specific disclosure regarding whether, consistent with the requirements of this chapter, the certificate holder is placing certain preneed funds received with the contract in trust, in an annuity, or in insurance, is required in the preneed contract.
(c) Preneed contracts that have been submitted to the board shall be deemed to have been approved by the board in the event that the board fails to notify the certificate holder that approval has been denied within 30 days following submission to the board.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-12; Act 2023-94, §5.)
(a) Except as provided in Sections 34-13-171 and 34-13-195, every preneed contract shall require the monies paid to the seller or trustee to be placed in trust in accordance with Division 3, for funeral merchandise and services sold by funeral establishments or third party sellers, or Division 4, for cemetery merchandise and services sold by cemetery authorities.
(b) Although this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed provider that contends that a preneed trust fund that was in effect prior to May 1, 2002, complies with this chapter with respect to the contracts entered into prior to May 1, 2002, may provide to the board documentary proof thereof. Upon the board determining that compliance has been established, the pre-existing preneed trust fund assets may be merged with or into the trust fund required under this chapter or continued as the trust fund, and that determination by the board shall be noted on the certificate of authority, and thereafter all preneed contracts covered by the trust fund, including those entered into prior to May 1, 2002, shall be subject to this chapter.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-13; Act 2023-94, §5.)
(a) As an alternative to the trust requirement of Section 34-13-194, the details of which are set forth in Divisions 3 and 4, a preneed provider, with the prior approval of the board, may purchase a surety bond in an amount not less than the aggregate value of outstanding liabilities on undelivered preneed contracts for merchandise, services, and cash advances. For the purposes of this section, the term “outstanding liabilities” means the original retail amount of services and cash advances and the actual cost to the entity to provide the undelivered merchandise sold on each contract written after April 30, 2002. The surety bond shall be in an amount sufficient to cover the outstanding liability at the time each contract is executed.
(b) The bond shall be made payable to the State of Alabama for the benefit of the board and of all purchasers of preneed merchandise, services, and cash advances. The bond shall be issued by an insurance company licensed in the State of Alabama and authorized to issue surety bonds and approved by the board.
(c) The amount of the bond shall be based on a report documenting the outstanding liabilities of the preneed provider for the previous calendar quarter and the projected liability for the immediately following quarter, shall be prepared by the preneed provider using generally accepted accounting principles, and shall be signed by the chief executive officer or chief financial officer of the preneed provider. The report shall be compiled as of the end of the preneed provider’s fiscal year and updated quarterly.
(d) The amount of the bond shall be increased or decreased as necessary to correlate with changes in the outstanding liabilities. Further, the board may order the bond to be increased as necessary to correlate with changes in the outstanding liabilities of bonded contracts due to increases in the consumer price index.
(e) If the preneed provider fails to maintain a bond pursuant to this section, the preneed provider shall cease the offering for sale and sale of preneed merchandise, services, and cash advances as provided by rule of the board.
(f) No surety bond used to comply with this section shall be canceled or subject to cancellation unless at least 60 days’ advance notice thereof, in writing, is filed with the board by the surety company. The cancellation of the bond shall not relieve the obligation of the surety company for claims arising out of contracts issued or otherwise covered before cancellation of the bond. In the event that notice of termination of the bond is filed with the board, the certificate holder insured thereunder, within 30 days of the filing of the notice of termination with the board, shall provide the board with a replacement bond or with evidence that is satisfactory to the board demonstrating that this chapter has been fully complied with. If within 30 days of filing of the notice of termination with the board no replacement bond acceptable to the board or no evidence satisfactory to the board demonstrating that this chapter has been complied with is filed with the board, the board shall suspend the license of the certificate holder until the certificate holder files a replacement bond acceptable to the board or demonstrates to the satisfaction of the board that it has complied with this chapter.
(g) Upon prior approval by the board, the preneed provider may file with the board a letter of credit in the amount of the outstanding liabilities in lieu of a surety bond, in the form and subject to the terms and conditions evidencing the financial responsibility of the party or parties issuing the letter of credit, and otherwise, as may be prescribed by the board.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-14; Act 2023-94, §5.)
(a) The board, as often as deemed necessary, shall examine the business of any person writing, or holding himself or herself out to be writing, preneed contracts under this chapter to the extent applicable. The examination shall be made by designated representatives employed or contracted by the board.
(b) The written report of each examination, when completed, shall be filed in the office of the board and, when so filed, shall not constitute a public record.
(c) Any person being examined shall produce, upon request, all records of the person. The designated representative of the board may at any time examine the records and affairs of the person, whether in connection with a formal examination or not.
(d) The board shall waive the examination requirements of this section if the certificate holder submits audited financial statements. Upon receipt of a verifiable complaint, the board may perform a target market conduct examination as a part of an investigation.
(e) The person examined shall pay the examination expenses, travel expense, and per diem subsistence allowance provided for examiners and incurred by the board’s representatives or examiners in connection with an examination as prescribed by rule of the board.
(f) Whenever any special examination of the premises, facilities, books, or records of a licensee is necessary based on the failure of the licensee to comply with this chapter or rule adopted by the board, the board shall charge a fee based on the cost of the special examination including, but not limited to, the prorated compensation of board employees involved in the special examination and any expenses incurred.
(g) If the board finds that a certificate of authority holder or licensee has failed to operate in accordance with this chapter and, by his or her action, has created a deficit of preneed funds entrusted to him or her by the consumer, the board may do any of the following:
(1) Bring an action for injunctive relief against the responsible licensee or the holder of the certificate of authority in the Circuit Court of Montgomery County.
(2) Issue an emergency suspension of all licenses held by the holder of the certificate of authority, and its associated personnel, in accordance with the Administrative Procedure Act.
(3) Take any other disciplinary action authorized by this chapter.
(Act 2002-74, p. 221, §1; §27-17A-15; Act 2023-94, §5.)
(a) A certificate holder shall be considered inactive upon the acceptance of the surrender of its license by the board or upon the nonreceipt by the board of the certificate of authority renewal application and fees.
(b) A certificate holder shall cease all preneed sales to the public upon becoming inactive. The certificate holder shall collect and deposit into trust all of the funds paid toward preneed contracts sold prior to becoming inactive.
(c) Any certificate holder desiring to surrender its license to the board shall first do all of the following:
(1) File notice with the board.
(2) Submit copies of its existing trust agreements.
(3) Submit a sample copy of each type of preneed contract sold.
(4) Resolve to the satisfaction of the board all findings and violations resulting from the last examination conducted.
(5) Pay all outstanding fines and invoices due the board.
(6) Submit its current certificate of authority.
(d) Upon receipt of the notice, the board shall review the certificate holder’s trust funds, trust agreements, and evidence of all outstanding preneed contracts.
(e) After a review to the satisfaction of the board, the board shall terminate the certificate of authority by an order that shall set forth the conditions of termination established by the board to ensure that the preneed funds will be available for their intended purpose.
(f) The trust fund of the certificate holder shall be held intact and in trust after the certificate holder has become inactive, and the funds in that trust shall be disbursed in accordance with the requirements of the written contracts until the funds have been exhausted.
(g) The board shall continue to have jurisdiction over the inactive certificate holder as if the certificate were active and to require the reports and inspect the records as the board deems appropriate so long as there are funds in trust or preneed contracts that are not fulfilled.
(h) Other terms of revocation or suspension ordered pursuant to this chapter may apply.
(Act 2002-74, p. 221, §1; §27-17A-16; Act 2023-94, §5.)
The board may fine and revoke, suspend, or place on probation the certificate of authority and the establishment license of a certificate holder on any of the following grounds:
(1) The certificate holder is impaired or insolvent.
(2) The certificate holder has refused to submit, or has withheld, any of its books, records, accounts, or affairs to examination by the board.
(3) The certificate holder has concealed or removed records or preneed assets, or both.
(4) The certificate holder has failed to comply with an order of the board.
(5) The certificate holder has transferred, or attempted to transfer, substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business with that of any other certificate holder, person, corporation, or entity without first having obtained the written approval of the board.
(6) The certificate holder has willfully violated its articles of incorporation or any law of this state, including any rule of the board.
(7) The certificate holder has an officer, director, or manager who has refused to be examined, under oath concerning the affairs of the certificate holder.
(8) If the board determines that the continued preneed sales of the certificate holder would be hazardous to purchasers, beneficiaries, or residents of this state.
(Act 2002-74, p. 221, §1; §27-17A-17; Act 2023-94, §5.)
(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of a certificate holder, shall be registered with the board as preneed sales agents, pursuant to this chapter.
(b) All preneed sales agents and funeral directors acting as preneed sales agents shall be affiliated with the certificate holder that they are representing.
(c) A certificate holder shall be responsible for the activities of all preneed sales agents and all funeral directors acting as preneed sales agents who are affiliated with the certificate holder and who perform any type of preneed-related activity on behalf of the certificate holder. In addition to the preneed sales agents and funeral directors acting as preneed sales agents, each certificate holder shall also be subject to discipline if its preneed sales agents or funeral directors acting as preneed sales agents violate this chapter.
(d) A preneed sales agent and a funeral director acting as a preneed sales agent may sell, offer, and execute preneed contracts on behalf of all properly licensed entities owned or operated by the sponsoring certificate holder.
(e) An individual may begin operating as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g), is approved by the board.
(f)(1) The qualifications for a preneed sales agent are as follows:
a. The applicant must be at least 18 years of age.
b. The applicant must be in good standing with the board.
c. The applicant may not have any felony or misdemeanor convictions that relate to any activity regulated by this chapter or a crime involving moral turpitude, as defined by this chapter.
d. The applicant shall be of good moral character and submit to a criminal history background check pursuant to subdivision (2).
(2) An applicant for licensure as a preneed sales agent shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subdivision confidential, except that information received and relied upon in denying the issuance of a certificate of authority may be disclosed if necessary to support the denial. All character information, including the information obtained through the criminal history background checks, shall be considered in licensure decisions to the extent permissible by all applicable laws.
(g) An application for registration as a preneed sales agent shall be submitted to the board with an application fee determined by the board not to exceed two hundred dollars ($200), by the certificate holder in a form that has been prescribed by board rule. The application shall contain, at a minimum, all of the following:
(1) The name, address, Social Security number, and date of birth of the applicant and any other information as the board may reasonably require of the applicant.
(2) The name, address, and license number of the sponsoring certificate holder.
(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f).
(4) A representation, signed by the certificate holder, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the certificate holder and that the certificate holder has trained the applicant in this chapter relating to preneed sales, the provisions of the certificate holder’s preneed contract, and the nature of the merchandise, services, or burial rights sold by the certificate holder.
(5) A statement indicating whether the applicant has any type of working or agency relationship with any other certificate holder or insurance company.
(h) An individual may be registered as a preneed sales agent on behalf of more than one certificate holder if the individual has received the written consent of all certificate holders.
(i) A certificate holder who has registered a preneed sales agent shall notify the board within 30 days after the individual’s status as a preneed sales agent has been terminated.
(j) Upon approval of an application that complies with all of the requirements of subsection (g), the board shall register the applicant. The board, in accordance with this chapter, shall provide for annual renewal of registration upon receipt of a renewal application and a renewal fee not to exceed two hundred dollars ($200) as set by the board.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-18; Act 2023-94, §5; Act 2026-590, §1.)
No person shall engage in this state in any trade practice which is addressed in the Alabama Deceptive Trade Practices Act, Chapter 19 of Title 8, or as determined pursuant to this chapter to be an unfair method of competition or an unfair or deceptive act or practice.
(Act 2002-74, p. 221, §1; §27-17A-19; Act 2023-94, §5.)
(a) Whenever the board has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in this chapter, or is engaging in the sale of preneed contracts without being properly licensed as required by this chapter, or is otherwise acting in violation of this chapter, and that a proceeding by the board in respect thereto would be in the interest of the public, the board shall institute a proceeding in accordance with this section.
(b) A statement of charges, notice, or order or other process under this chapter may be served by anyone authorized by the board. Service may be made either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement to the person affected by the statement, notice, or order or other process at the person’s residence or principal office or place of business. The verified return by the person serving the statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service, and the return postcard receipt for the statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.
(c) The board shall conduct or cause to have conducted a hearing in accordance with this chapter, and, during the conduct of the hearing, shall have those powers necessary to enforce this chapter and rules of the board; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed one thousand dollars ($1,000) per violation. In accordance with Section 36-12-40, evidence introduced and presented in a hearing conducted under this chapter shall be deemed a public writing.
(Act 2002-74, p. 221, §1; §27-17A-20; Act 2023-94, §5.)
(a) If the board finds that one or more grounds exist for the discretionary suspension or revocation of a certificate of authority or establishment license issued under this chapter, the board, in lieu of the suspension or revocation, may impose a fine upon the certificate holder in an amount not to exceed one thousand dollars ($1,000) for each nonwillful violation and in an amount not to exceed ten thousand dollars ($10,000) for each willful violation.
(b) The board may grant not more than 30 days from the date of the order for the payment of any fine.
(Act 2002-74, p. 221, §1; §27-17A-21; Act 2023-94, §5.)
(a)(1) A person who knowingly receives payments for a preneed contract without having a valid certificate of authority:
a. Commits a Class B felony as to each contract on which the payments collected equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500).
b. Commits a Class C felony as to each contract on which the payments collected are between, in the aggregate, five hundred dollars ($500) and two thousand five hundred dollars ($2,500).
c. Commits a Class A misdemeanor as to each contract on which the payments collected do not exceed, in the aggregate, five hundred dollars ($500).
(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain a certificate of authority or register as a preneed sales agent.
(b)(1) A person who willfully fails to timely deposit the amount required to be so deposited under this chapter in a preneed merchandise and services trust or endowment care trust:
a. Commits a Class B felony as to each contract on which the amount due for deposit in trust equals or exceeds, in the aggregate, two thousand five hundred dollars ($2,500).
b. Commits a Class C felony as to each contract on which the amount due for deposit in trust is less than, in the aggregate, two thousand five hundred dollars ($2,500).
(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), the certificate of authority or preneed sales agent registration held by the person shall be automatically revoked and the person may not thereafter obtain a certificate of authority or register as a preneed sales agent.
(c)(1) A person who knowingly withdraws funds or assets from a preneed merchandise and services trust or endowment care trust in a manner or under circumstances not authorized by this chapter or rule of the board:
a. Commits a Class B felony if the aggregate amount withdrawn in any single transaction or series of related transactions equals or exceeds two thousand five hundred dollars ($2,500).
b. Commits a Class C felony if the aggregate amount withdrawn in any single transaction or series of related transactions is less than two thousand five hundred dollars ($2,500).
(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), the certificate of authority or preneed sales agent registration held by the person shall be automatically revoked and the person may not thereafter obtain a certificate of authority or register as a preneed sales agent.
(d) A person commits a Class C felony if any of the following occur:
(1) The person knowingly delivers to the board any official form, report, record, data, or other document required by the board containing a false statement or false information concerning a matter material to the board in the exercise of its authority to administer and enforce this chapter.
(2) Incident to, or during the course of, an examination, inspection, investigation, or other inquiry authorized by this chapter, the person knowingly makes available to a representative of the board any official form, report, record, data, or other document required by the board containing a false statement or false information concerning a matter material to the purpose of the examination, inspection, investigation, or inquiry.
(3) With respect to the business records of a person engaging in, or who has at any time engaged in, the sale of a preneed contract, a person, with a purpose to use deception as defined in Section 13A-8-1, makes false entries in the records or alters, erases, obliterates, deletes, or removes a correct entry in the records, fails to make a correct entry in the records, or prevents the making of a correct entry, or causes the omission of a correct entry in the records.
(e) Except as otherwise provided in this chapter, the willful violation of this chapter is a Class A misdemeanor.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-22; Act 2023-94, §5.)
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.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-23; Act 2023-94, §5.)
The provisions of this chapter are cumulative to rights under the general civil and common law, and no action of the board may abrogate the rights to damages or other relief in any court.
(Act 2002-74, p. 221, §1; §27-17A-24; Act 2023-94, §5.)
(a) All fees collected by the board pursuant to this chapter shall be deposited into the Alabama State Funeral Services Fund.
(b) All fines collected by the board pursuant to this chapter shall be deposited into the Alabama State Funeral Services Fund.
(c) The board may use funds available from any source including, but not limited to, grants, appropriations, and gifts, for any purpose in the enforcement of this chapter.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-25; Act 2023-94, §5.)
To comply with the trust requirement of subsection (a) of Section 34-13-194, all certificate holders providing preneed contracts for funeral services or funeral merchandise shall be subject to this chapter.
(Act 2002-74, p. 221, §1; §27-17A-30; Act 2023-94, §7.)
(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal to the sum of 75 percent of the amount collected on the purchase price for all funeral services and funeral merchandise sold, transportation, and facilities rented other than outer burial containers, 60 percent of the amount collected on the purchase price for outer burial containers, 110 percent of the wholesale cost of memorials from the amount collected on the purchase price of memorials, and 100 percent of the amount collected on the purchase price for all cash advance items sold.
(b) All deposits shall be made within 30 days after the end of the calendar month in which the preneed contract is paid in full, unless, prior to that time, all liabilities of the seller under the preneed contract to deliver the specific funeral merchandise or funeral services, or both, or the specific cash advances, identified by the preneed provider as properly allocated to the payment, have been satisfied, or the preneed contract is validly cancelled.
(c) The trustee shall take title to the property conveyed to the trust for the purpose of investing, protecting, and conserving it for the certificate holder; collecting income; and distributing the principal and income as prescribed in this chapter.
(d) The certificate holder is prohibited from sharing in the discharge of these responsibilities, except that the certificate holder may appoint an adviser to the trustee or elect tax free investments. Nothing in this chapter shall prohibit a trustee from electing the qualified funeral trust option under the Internal Revenue Code.
(e) The trust agreement shall be submitted to the board for approval and filing.
(f) The funds shall be held in trust, both as to principal and income earned thereon, and shall remain intact, except that the cost of the operation of the trust or trust account authorized by this section may be deducted from the income earned thereon.
(g) The contract purchaser shall have no interest whatsoever in, or power whatsoever over, funds deposited in trust pursuant to this section.
(h) In no event may the funds be loaned to a certificate holder, an affiliate of a certificate holder, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business. Furthermore, the certificate holder’s interest in the trust shall not be pledged as collateral for any loans, debts, or liabilities of the certificate holder and shall not be transferred to any person without the prior written approval from the board and the trustee. Even though the certificate holder shall be deemed and treated as the settlor and beneficiary of the trust for all purposes, all of the trust funds are exempt from all claims of creditors of the certificate holder except as to the claims of the contract purchaser, his or her representative, or the board.
(i) For all preneed contracts written or entered into on or after January 1, 2015, all required deposits in trust shall commence not later than 30 days after the end of the calendar month in which the sum of the monies collected on the preneed contract exceeds the amount that is not required to be deposited in trust as determined under subsection (a) unless, prior to that time, all liabilities of the preneed seller under the preneed contract have been satisfied, or the preneed contract is validly cancelled. Further required deposits on the contract shall thereafter be made not later than 30 days after the end of the calendar month in which each contract payment is collected by the seller.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-31; Act 2023-94, §7.)
(a) If amounts paid by the purchaser under a preneed contract for funeral merchandise have previously been deposited in trust, the seller may withdraw the principal amount and trust appreciation attributable to the delivered item at such time as the funeral merchandise is delivered or installed or, if comprised of materials designed to withstand prolonged, protected storage without deterioration, the merchandise is placed in storage with a responsible third party bonded and insured for the wholesale value thereof and evidenced by a receipt specifically identifying the item, the specific preneed contract, the location of the item, and the identity and address of the bonding and insuring parties. For purposes of this subsection only, caskets and alternative containers may not be held in storage by the seller or a third party storage facility prior to the death of the funeral beneficiary.
(b) The trustee shall make regular valuations of the assets it holds in trust and provide a report of the valuations to the certificate holder at least quarterly. At all times, the certificate holder must be able to determine the amount held in trust attributable to each contract holder. For all contracts effective on or after January 1, 2015, the determination shall be based upon the fair market value of the trust at the time and the proportionate share of the fair market value attributable to each contract holder. For all contracts in effect before January 1, 2015, the valuation of each contract may be calculated using any valuation method that had been previously approved by the Commissioner of the Department of Insurance or the Department of Insurance before January 1, 2015. Any person who withdraws appreciation in the value of trust, other than the pro rata portion of the appreciation which may be withdrawn upon the death of a contract’s funeral beneficiary or upon cancellation of a preneed contract, shall be required to make additional deposits from his or her own funds to restore the aggregate value of assets to the value of funds deposited in trust, but excluding from the funds deposited those funds paid out upon preneed contracts that the person has fully performed or that have been otherwise withdrawn, as provided in this chapter. The certificate holder shall be liable to third parties to the extent that income from the trust is not sufficient to pay the expenses of the trust.
(c) The trustee of the trust established pursuant to this chapter shall have all of the following powers:
(1) Make investments and exercise necessary investment powers, provided that the board, by order, may require the trustee to liquidate or dispose of any investment within 30 days after the order.
(2) Commingle the property of the trust with the property of any other preneed funeral, preneed cemetery, or endowment care trust established pursuant to this chapter and make corresponding allocations and divisions of assets, liabilities, income, and expenses.
(d) Notwithstanding Section 19-3-125, the trustee, subject to compliance with the requirements set forth below, may invest any portion or all of the funds received under preneed contracts and deposited in trust in life insurance contracts or annuities issued on the lives of preneed contract purchasers or preneed contract beneficiaries, hereinafter, the insured or annuitant, without any obligation to cover at a minimum the retail amount of the preneed contract at the time of purchase of the life insurance contracts or annuities as set forth in Section 34-13-171.
(1) Trust funds shall not be invested by the trustee in life insurance contracts or annuities unless the following requirements are met:
a. The company issuing the life insurance contracts or annuities is licensed by the Department of Insurance and the insurance producer or annuity seller is properly licensed within its domiciliary jurisdiction.
b. Prior to the investment, the insured or annuitant consents, in writing, to the investment in life insurance contracts or annuities.
c. For life insurance contracts or annuities issued prior to May 6, 2008, and currently in force, such contracts shall be construed to have been an authorized investment by the trustee under this chapter if the insured or annuitant is notified in writing of the existence of any such contract and provided with a copy of the contract.
(2) Upon request, the insured or annuitant shall be provided with a copy of any life insurance contract or annuity issued to a preened trustee at no expense to the insured or annuitant.
(3) Any life insurance contract or annuity issued in accordance with this subsection and otherwise in compliance therewith shall be valid and in full force according to the terms and conditions thereof.
(4) A trustee that invests all or any portion of the funds received under preneed contracts and deposited in trust in life insurance contracts or annuities issued by one company licensed by the Department of Insurance shall be considered to satisfy the standards and requirements of Section 19-3-120.2 and Chapter 3B of Title 19.
(5) It is the intention of the Legislature that this subsection shall be retroactive and shall apply to all life insurance contracts or annuities issued prior to May 6, 2008.
(Act 2002-74, p. 221, §1; Act 2008-271, p. 393, §1; Act 2014-216, p. 653, §3; §27-17A-32; Act 2023-94, §7.)
(a) A purchaser, by providing written notice to the certificate holder, may cancel a preneed contract within 30 days of the date that the contract was executed provided that the funeral merchandise and funeral services have not yet been used. Upon providing the notice, the purchaser shall be entitled to a complete refund of the amount paid, except for the amount allocable to any funeral merchandise or funeral services that have been used, and shall be released from all obligations under the contract. This subsection shall apply to all items that are purchased as part of a preneed contract.
(b) After 30 days from the date the preneed contract was executed, a purchaser, by providing written notice to the certificate holder, may cancel the funeral services, funeral merchandise, facilities, and cash advance items portions of a preneed contract at any time, and shall be entitled to the refund defined in the preneed contract allocable to those items. Any accumulated earnings allocable to the preneed contract shall be paid to the certificate holder upon the cancellation.
(c) Upon breach of contract or failure of the certificate holder to provide funeral merchandise or services under a preneed contract, the contract purchaser shall be entitled to a refund of 100 percent of all money paid on the contract. The refund shall be made within 30 days after receipt by the certificate holder of the contract purchaser’s written request for refund.
(d) If a purchaser is 90 days past due in making payments on a preneed contract, the contract shall be considered to be in default, and the certificate holder shall be entitled to cancel the contract and withdraw all funds in trust. Upon making the withdrawal, the certificate holder shall refund to the purchaser the amount defined in the preneed contract in the event of default of the purchaser, provided that the certificate holder has provided the purchaser with 30 days’ written notice of its intention to exercise any of its rights under this provision.
(e) All preneed contracts are cancelable and revocable as provided in this section during the lifetime of the purchaser, provided that a preneed contract does not restrict any contract purchaser who is a qualified applicant for, or a recipient of, supplemental security income, temporary cash assistance, or Medicaid from making his or her contract irrevocable.
(f) In the event that the preneed contract is made irrevocable pursuant to subsection (e), the authorizing agent shall have the right to appoint a provider other than the seller of the preneed contract. In the event that a provider is appointed pursuant to this subsection, the seller shall transfer to the appointed provider the amount paid by the purchaser to the seller and those amounts deposited into trust, less a reasonable transfer fee determined by the board. In the event the preneed contract was funded by an insurance or annuity policy, the seller shall cancel and relinquish any assignment of benefits or beneficiary status under the policy or annuity contract, and deliver the policy, if in the custody of the preneed seller, to the policy owner or his or her legal representative, and the seller may collect a reasonable transfer fee as determined by rule of the board. No transfer hereunder shall occur without the acceptance of the appointed provider.
(g) All refunds required to be made under this section to a purchaser who has canceled a contract must be made within 30 days after the date the written notice of cancellation is received by the certificate holder.
(Act 2002-74, p. 221, §1; §27-17A-33; Act 2023-94, §7.)
(a) Disbursement of funds discharging any preneed contract for funeral services or funeral merchandise fulfilled after May 1, 2002, shall be made by the trustee to the certificate holder upon receipt by the trustee of a certification of the certificate holder that the preneed contract has been performed in whole or in part or the preneed contract has been cancelled. Before the trustee may disburse any trust funds, the certificate holder shall provide to the trustee a death certificate or other valid proof of death, a letter from the preneed contract holder cancelling the preneed contract or valid proof the contract has been cancelled in accordance with Section 34-13-233, or valid proof the merchandise has been delivered and installed, and services have been performed. Any trustee accepting preneed contract proceeds under this chapter may rely upon the certification of the certificate holder accompanied by the required proof, and shall not be liable to anyone for such reliance. If the contract is only partially performed, the disbursement shall only cover that portion of the contract performed. In the event of any contract default by the contract purchaser, or in the event that the funeral merchandise or funeral service contracted for is not provided, the trustee shall return, within 30 days after its receipt of a written request therefor, 100 percent of the funds deposited into the trust on the contract and the income and accretion thereon to the certificate holder or to its assigns, subject to Section 34-13-233.
(b) For all contracts effective on or after January 1, 2015, the amount that may be withdrawn from the trust upon fulfillment or cancellation of any particular preneed contract may not exceed the amount attributable to that preneed contract in proportion to the total amount held in trust for all preneed contracts as of the date of withdrawal. For all contracts in effect before January 1, 2015, the valuation of each contract and the amount that may be withdrawn from the trust may be calculated using any valuation method that had been approved by the Commissioner of the Department of Insurance or the Department of Insurance before January 1, 2015.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-34; Act 2023-94, §7.)
To comply with the trust requirement of subsection (a) of Section 34-13-194, all certificate holders who are cemetery authorities providing preneed contracts for cemetery services or cemetery merchandise shall be subject to this chapter.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-40; Act 2023-94, §9.)
(a) Any person who receives or collects any funds on account of a preneed contract in this state for cemetery services or cemetery merchandise, or both, entered into after May 1, 2002, shall have the obligation to pay over and contribute into a trust fund as hereinafter described, those amounts or proportions of the funds as hereinafter provided.
(b) Whether or not the preneed contract provides for cemetery merchandise or cemetery services, or any combination thereof, the trust fund shall be referred to in this section as the Cemetery Merchandise and Services Trust Fund.
(c) The trustee of the Cemetery Merchandise and Services Trust Fund shall be qualified as such within the definition of the trustee.
(d) The trustee shall take title to the property conveyed to the Cemetery Merchandise and Services Trust Fund subject to this section.
(e) The contract purchaser shall have no interest whatsoever in, or power whatsoever over, the funds deposited in the Cemetery Merchandise and Services Trust Fund.
(f) The party contracting to deliver the cemetery merchandise or cemetery services or cash advances, whether or not a preneed provider, shall be referred to in this section as the “seller.”
(g) The seller shall be the beneficiary of the Cemetery Merchandise and Services Trust Fund.
(Act 2002-74, p. 221, §1; Act 2023-94, §9.)
(a) The obligation of the seller under a preneed contract shall be to make contributions into the Cemetery Merchandise and Services Trust Fund in accordance with the following formulae:
(1) With respect to all cemetery merchandise, 110 percent of wholesale cost.
(2) With respect to outer burial containers, 60 percent of the purchase price specified in the preneed contract.
(3) With respect to cemetery services, 60 percent of the purchase price specified in the preneed contract.
(4) With respect to all cash advance items sold, 100 percent of the purchase price specified for the same in the preneed contract.
(5) With respect to caskets, 75 percent of the purchase price.
(b) All contributions shall be made within 30 days after the end of the calendar month in which the preneed contract is paid in full, unless, prior to that time, all liabilities of the seller under the preneed contract to deliver the specific cemetery merchandise or cemetery services, or both, or the specific cash advances identified by the preneed provider as properly allocated to the payment have been satisfied, or the preneed contract is validly cancelled.
(c) For all preneed contracts entered into on or after January 1, 2015, all contributions shall be made not later than 30 days after the end of the calendar month in which the sum of the monies collected on the preneed contract exceeds the amount that is not required to be contributed as determined under subsection (a), unless, prior to that time, all liabilities of the seller under the preneed contract have been satisfied, or the preneed contract is validly cancelled. Further required trust contributions on the contract shall be made not later than 30 days after the end of the calendar month in which each contract payment is collected by the seller.
(d) The trustee shall invest and reinvest the Cemetery Merchandise and Services Trust Fund.
(e) The trustee shall make regular evaluations of the fair market value of assets held in and liabilities, if any, of the Cemetery Merchandise and Services Trust Fund and provide a report of the evaluations to the seller at least quarterly. Upon receipt of each quarterly report, the seller may submit to the trustee a written and detailed analysis concerning the balance of funds in the Cemetery Merchandise and Services Trust Fund, certified under oath as being true and correct upon information and belief by a responsible officer of the seller.
(f) While the obligation of the seller to make contributions to the Cemetery Merchandise and Services Trust Fund is set forth in this section, the obligation of the seller at the time of making certain withdrawals from the Cemetery Merchandise and Services Trust Fund as herein provided shall be calculated with respect to the current wholesale cost of cemetery merchandise and current retail price of cemetery services and cash advances at the time of withdrawal. If the fair market value as reported by the trustee exceeds 110 percent of the total of the following, the seller shall be entitled to withdraw and retain from the merchandise trust fund, the excess funds therein: 110 percent of the current wholesale cost of the liability to deliver all cemetery merchandise, 60 percent of the current retail price for all cemetery services, 60 percent of the current retail price of outer burial containers, 75 percent of the current retail price of caskets, and 100 percent of the current retail price of all cash advances, for the total of all preneed contracts for which the purchasers have paid in full, all calculated as of the time of withdrawal; and concerning the total of all preneed contracts for which the purchasers have not paid in full, 25 percent of the total of the following: 110 percent of the current wholesale cost of the liability to deliver all cemetery merchandise, 60 percent of the current retail price for all cemetery services, and 100 percent of the current retail price of all cash advances, all calculated as of the time of withdrawal.
(g) At least annually the seller shall make the aforesaid analysis and certification and provide the same to the trustee. If the certification discloses that the fair market value of the Cemetery Merchandise and Services Trust Fund is less than 100 percent of the aggregate calculated amount the seller shall from its own funds contribute to the Cemetery Merchandise and Services Trust Fund within the 12 months succeeding the annual computation the amount necessary to restore the trust fund to an amount equal to not less than 100 percent of the aggregate amount so calculated.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-42; Act 2023-94, §9.)
(a) Upon cancellation of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral cancellation of a preneed contract by the seller by reason of default on the part of the purchaser, or other valid cancellation by reason of transfers to another seller or otherwise, the seller, upon submission of a certification under oath by a responsible officer of the seller to the trustee, may withdraw from the Cemetery Merchandise and Services Trust Fund and retain an amount equal to the amount of all funds contributed to the trust fund with respect to the preneed contract. Any trustee accepting preneed contract proceeds under this chapter may rely on the seller’s certification under oath as required herein to be made, and shall not be liable to anyone for such reliance.
(b) At such time as the seller undertakes to perform its obligations under a preneed contract by delivery or installation, or both, of cemetery merchandise and the provision of cemetery services and disbursement on account of cash advances, or otherwise, upon certification to the trustee under oath by a responsible officer of the seller that the obligations of the seller under the contract have been completely fulfilled, the seller may withdraw from the Cemetery Merchandise and Services Trust Fund and retain an amount equal to the current wholesale cost to the fund with respect to the preneed contract.
(c) At such time as the seller has fulfilled all of its obligations under all preneed contracts with respect to which funds have been contributed to the trust fund, and certification under oath to the trustee by a responsible officer of the seller of those facts, the seller may withdraw from the trust fund and retain all of the remaining assets thereof.
(Act 2002-74, p. 221, §1; §27-17A-43; Act 2023-94, §9.)
If the amounts paid by the purchaser under a preneed contract for cemetery merchandise have previously been deposited in trust, the seller may withdraw the principal amount there, at the time the cemetery merchandise is delivered or installed or, if comprised of materials designed to withstand prolonged, protected storage without deterioration, at the time the merchandise is placed in storage with a responsible third party bonded and insured for the wholesale value thereof and evidenced by a receipt specifically identifying the item, the specific preneed contract, the location of the item, and the identity and address of the bonding and insuring parties. For purposes of this section only, caskets and alternative containers may not be held in storage by the seller or a third party storage facility prior to the death of the funeral beneficiary.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; Act 2023-94, §9.)
An endowment care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. No payment, gift, grant, bequest, or other contribution for endowment care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contributions to it invalid as violating any law against perpetuities, or the suspension of the power of alienation of title to property.
(Act 2002-74, p. 221, §1; Act 2023-94, §9.)
Any cemetery now existing or hereafter established, excluding those operated by governmental agencies or religious institutions, may be qualified as an endowment care cemetery, except those cemeteries that do not charge fees or sell plots, interment rights, or any related cemetery services.
(Act 2002-74, p. 221, §1; §27-17A-46; Act 2023-94, §9.)
(a) Every cemetery authority operating an endowment care cemetery shall establish an endowment care fund which shall be placed with and held by a bank, trust company, savings and loan association, or other financial institution authorized to provide trust services under Title 5, as amended, or under the applicable laws of the United States or any other state, or a board of trustees, consisting of at least three members, who shall reside in the State of Alabama, one of whom is engaged in outside cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee under a formal trust agreement.
(b) Except as specifically provided in this subsection, commencing on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees in existence on July 1, 2014, may continue to serve as the trustee of an endowment care fund if the board of trustees otherwise complies with this subsection. Unless exempted by the board pursuant to this subsection, on or before January 1, 2015, each member of a board of trustees in existence on July 1, 2014, shall furnish the bond required by subsection (a) in the greater of one hundred thousand dollars ($100,000) or the amount in each endowment care fund for which the board of trustees acts as trustee as of December 31, 2014. Thereafter, the amount of the bonds shall be increased on January 1 of each succeeding year to equal the amount in each endowment care fund as of the immediately preceding December 31. The board shall exempt a board of trustees from the bond requirement if the board of trustees provides to the board an annual audit report that satisfies all of the following criteria:
(1) The report is prepared by a certified public accountant authorized to practice in Alabama.
(2) The report evidences that the review made the subject of the report by the accountant encompasses each endowment care fund for which the board of trustees acts as trustee.
(3) The report notes relating to the endowment care fund or funds are in a form that is reasonably acceptable to the board.
(4) The report does not evidence any material violation of or noncompliance with this chapter relating to an endowment care fund.
(c) The corporate trustee or board of trustees shall be referred to as a qualified trustee. Unless otherwise specified in this chapter or in the terms of the trust instrument, the trustee of any trust established under or pursuant to this chapter shall have all powers granted to trustees under Article 14 of Chapter 3 of Title 19. The incorporation herein of such powers shall not be deemed to imply any duties of trustees of trusts established under or pursuant to this chapter not expressly delineated in this chapter.
(d) The cemetery authority may employ a person to advise the trustee in the management of the fund.
(e) The cemetery authority may enter into a contract with the qualified trustee for the management and investment of the endowment care fund, which contract may provide for the payment of income from the fund of reasonable fees or commissions to the trustee, and its reasonable expenses for administering the trust.
(f) As often as the board may deem necessary, the board may examine the records or facilities, or both, of any cemetery authority operating an endowment care cemetery.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-47; Act 2023-94, §9.)
(a) Each cemetery authority shall comply with this chapter and maintain at each place of business a list of the names and addresses of its owners and directors, which shall be available to the public.
(b) Each cemetery authority shall maintain a record of all interment space owners by name and last known address with a description of merchandise and location of burial lots, crypts, or niches, and the records shall be on a form or in a format prescribed by the board and shall detail all information required by the board. A plat map shall be maintained for each cemetery location at the cemetery business office. A book or file shall be kept as to the date, location by lot, and space number of each person interred or entombed in the cemetery. A written copy of the cemetery rules and regulations shall be maintained at each location and made available to the public upon request.
(Act 2002-74, p. 221, §1; §27-17A-48; Act 2023-94, §9.)
(a) From the sale price of each plot, crypt, or niche sold by the cemetery authority of an endowment care cemetery, the cemetery authority shall pay an amount, not less than as determined in accordance with the following schedule, to the trustee of the endowment care fund, which payment shall be paid over to the trustee not more than four months after the close of the month in which the total or final payment on the sale has been received:
(1) Fifteen percent of the net sales price of each grave or lawn crypt space.
(2) Five percent of the net sales price of each mausoleum crypt or niche.
(3) If a cemetery authority donates or gives a free space, mausoleum, or niche, a minimum of fifty dollars ($50) shall be paid to the endowment care fund.
(4) The amount received for special care funds, gifts, grants, contribution devises, or bequests made with respect to the separate or special care of a particular lot, grave, crypt, niche, mausoleum, monument, or marker or that of a particular family, as distinguished from the general endowed care of a cemetery or of a garden.
(b) In addition to subsection (a), a cemetery authority may receive and transfer to the trustee, as a part of or incident to the endowment care fund, any property, real, personal, or mixed, bequeathed, devised, given, or otherwise contributed to it for endowment care purposes. Any contractual endowment care deposits shall fall under this chapter.
(c) Any cemetery authority that is organized and engaged in business prior to May 1, 2002, shall qualify as an endowment care cemetery if the following occur:
(1) Not already placed, a cemetery authority shall within 90 days of May 1, 2002, have placed the entire principal of any endowment care fund in its possession, custody, or control, into the hands of a qualified trustee designated by it, to be administered as set forth in this chapter; and principal of its endowment care fund, or the aggregate principal of its endowment care funds, if more than one, shall have a fair market value on either May 1, 2002, or on the date of transfer to the trustee of not less than twenty-five thousand dollars ($25,000); or the cemetery authority shall substitute 25 percent for each percentage of each sale for the next five years or five thousand dollars ($5,000) per year, whichever is greater, until the balance of twenty-five thousand dollars ($25,000) is reached. In such case, the entire amount of twenty-five thousand dollars ($25,000) shall be paid into the fund before the end of the fifth year, and no interest may be removed from the fund until the twenty-five thousand dollars ($25,000) minimum has been reached.
(2) A cemetery authority shall at all times after May 1, 2002, comply with the minimum requirements for payments to the trustee for endowment care.
(d) Any cemetery authority organizing a cemetery after May 1, 2002, whether it be by incorporation, association, individually, or by any other means, or having its first burial after May 1, 2002, before disposing of any burial lot or right or making any sale thereof or making its first burial, or both, shall cause to be deposited with a qualified trustee, in cash, the sum of twenty-five thousand dollars ($25,000) in the endowment care fund.
(e) When a cemetery authority has placed with a trustee, pursuant to this chapter, a sum of money in excess of the aggregate which would be required only under subsection (a), the cemetery authority shall not be required under this chapter to make further payments to the trustee until such time thereafter as, taking into account all sales of plots, crypts, and niches in the cemetery property since the first of the sales, the aggregate of payments to the trustee if made in accordance with subsection (a) would equal the applicable minimum amount paid to the trustee under subdivision (c)(1) or subsection (d).
(f) Any deposit previously made, or represented to be made to an existing endowment care fund which exceeds 10 percent of the gross selling price of all plots, crypts, and niches sold since representation of endowment care shall be made a permanent part of the endowment care fund and transferred to the qualified trustee under this chapter.
(Act 2002-74, p. 221, §1; §27-17A-49; Act 2023-94, §9.)
(a) No cemetery authority may directly or indirectly require or direct the investment, reinvestment, or retention by a qualified trustee of any part of an endowment care trust in any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has a financial interest. Nothing contained in this subsection shall prevent the trustee, subject to the provisions regarding investment and reinvestment of the trust estate as are contained in the governing instrument creating the trust, from investing, reinvesting, or retaining any asset or business in which the cemetery authority or any officer, director, owner, partner, or employee of the cemetery authority has an insubstantial or nonmaterial financial interest, provided that the trustee, in the exercise of the trustee’s discretion, deems the investment, reinvestment, or retention to be for the best interest of the trust estate.
(b) The net income from the endowment care fund, to the extent that the same is distributed from the fund, shall be used exclusively for covering the costs of endowment care of the cemetery.
(c) For the purposes of this section, “net income” does not include realized or unrealized capital gains or losses. All realized capital gains and losses shall be recorded to corpus, which is the sum of deposits made by a cemetery authority into an endowment care fund, pursuant to Section 34-13-269, and all realized capital gains or losses. Capital gains taxes, if any, may be paid from the corpus. Unrealized capital gains and losses, if any, shall be recorded as an adjustment to the fair market value of the endowment care fund.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-50; Act 2023-94, §9.)
The trustee shall not be required to inquire into the propriety of the expenditures made by the cemetery authority in connection with endowment care of the cemetery, and it shall not be held responsible in any manner whatsoever for and on account of payments of the income from the endowment care fund made to the cemetery authority.
(Act 2002-74, p. 221, §1; §27-17A-51; Act 2023-94, §9.)
The trustee, not less than annually, shall file with the cemetery authority an account that shall include a complete disclosure of all activity since the previous account and a statement detailing fund investments.
(Act 2002-74, p. 221, §1; §27-17A-52; Act 2023-94, §9.)
To the extent that any endowment care trust existing on May 1, 2002, includes investments or assets, the retention of which the trustee in the free exercise of its discretion deems not in the best interest of the trust estate, the trustee shall dispose of the investments or assets as soon as practicable without undue sacrifice to the trust estate, and in any event within two years after May 1, 2002.
(Act 2002-74, p. 221, §1; §27-17A-53; Act 2023-94, §9.)
An annual report of the endowment care fund shall be made to the board by each cemetery authority within 90 days of the close of each calendar year. This report shall include the qualified trustee’s name or names, the bond numbers if individual trustees or the name and address of the financial institution in which the fund is maintained, and the affidavit of the cemetery authority affirming compliance with this chapter. Prior to the sale or transfer of a cemetery, the cemetery authority shall report and document to the board that the endowment care fund is currently funded in accordance with this chapter.
(Act 2002-74, p. 221, §1; §27-17A-54; Act 2023-94, §9.)
A cemetery authority shall start construction of that section of a mausoleum or bank of below-ground crypts in which sales, contracts for sale, reservations for sale, or agreements for sale are being made, within five years after the date of the first sale or when 75 percent of the mausoleum or below-ground crypts have been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within six years after the date of the first sale made. Extensions for completion, not to exceed one year, may be granted by the board for good cause shown. If the units have not been completely constructed at the time of need or the time specified herein, unless otherwise specified in the preneed contract, all monies paid shall be refunded upon request, plus interest earned thereon if deposited by the cemetery authority in an escrow or trust fund, and if not so deposited in an escrow or trust fund earning interest, then plus interest in an amount equal to the interest or discount that would have been earned thereon had the funds been invested in United States Treasury Bills having a 90-day maturity.
(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-55; Act 2023-94, §9.)
(a) Each cemetery authority shall adopt rules and regulations for the mutual protection of the cemetery owners and the owners of interment rights in the cemetery. All owners of interment rights and other persons within the cemetery shall be subject to these rules and regulations as they now exist and as they may be amended or altered by the cemetery. The cemetery authority shall enforce these rules and regulations and, at any time and without prior notice to any owners, may adopt new rules and regulations or amend, modify, or repeal any rules and regulations.
(b) This section shall not apply to the officers, directors, shareholders, partners, employees, agents, or representatives of a cemetery authority who intentionally commit an act of vandalism or other illegal act.
(Act 2002-74, p. 221, §1; §27-17A-56; Act 2023-94, §9.)
The board shall have the same jurisdiction over funeral establishments, funeral directors, cemetery authorities, or third party sellers who sell preneed contracts without a preneed certificate of authority as the board has over those preneed sellers who possess a preneed certificate of authority.
(Act 2014-216, p. 653, §4; §27-17A-57; Act 2023-94, §9.)
This chapter shall be known and may be cited as the Alabama Genetic Counselor Act.
(Act 2019-224, §1.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ABGC. The American Board of Genetic Counseling, or its successor or equivalent.
(2) ABMGG. The American Board of Medical Genetics and Genomics, or its successor or equivalent.
(3) ACGC. The Accreditation Council for Genetic Counseling, or its successor or equivalent.
(4) BOARD. The Alabama Board of Genetic Counseling.
(5) EXAMINATION FOR LICENSURE. The ABGC or ABMGG certification examination, or the examination provided by a successor entity to the ABGC or ABMGG, to test the competence and qualifications of applicants to practice genetic counseling.
(6) GENETIC COUNSELING. The provision of services by a genetic counselor to do any of the following:
a. Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, or other family members.
b. Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases.
c. Identify, recommend, and coordinate genetic tests and other genetic related diagnostic studies as appropriate for the genetic assessment consistent with practice-based competencies provided by the ACGC.
d. Integrate genetic test results and other genetic-related diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.
e. Explain the clinical implications of genetic tests and other genetic-related diagnostic studies and their results.
f. Evaluate the responses of the client or family to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance.
g. Identify and utilize community resources that provide medical, educational, financial, and psychosocial support and advocacy.
h. Provide written documentation of medical, genetic, and counseling information for families and health care professionals.
(7) GENETIC COUNSELING INTERN. A student enrolled in a genetic counseling program accredited by the ACGC or ABMGG.
(8) GENETIC COUNSELOR. An individual licensed by the board to engage in the practice of genetic counseling.
(9) GENETIC TEST or GENOMIC TEST.
a. A test or analysis of human genes, gene products, Deoxyribonucleic acid, Ribonucleic acid, chromosomes, proteins, or metabolites that does any of the following:
Detects genotypes, mutations, chromosomal changes, abnormalities, or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments.
Indicates a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental.
Demonstrates genetic or chromosomal damage due to environmental factors.
b. The terms genetic test and genomic test do not include any of the following:
Routine physical measurements.
Chemical, blood, and urine analyses that are widely accepted and in use in clinical practice.
Tests for the use of drugs.
Tests for the presence of a pathogen.
Analyses of proteins or metabolites that do not detect genotypes, mutations, chromosomal changes, abnormalities, or deficiencies.
Analyses of proteins or metabolites that are directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.
(10) NSGC. The National Society of Genetic Counselors, or its successor or equivalent.
(11) QUALIFIED SUPERVISOR. Any individual licensed as a genetic counselor, a physician licensed to practice medicine or osteopathy in this state, or an individual certified in molecular genetic pathology by the American Board of Pathology and the ABMGG.
(12) SUPERVISION. The overall responsibility of a qualified supervisor to assess the work of a genetic counselor with a temporary license, including regular meetings and chart review, if an annual supervision contract signed by the supervisor and the temporarily licensed genetic counselor is on file with both parties. The presence of a qualified supervisor is not required during the performance of the genetic counseling service.
(Act 2019-224, §2.)
(a) The State Board of Genetic Counseling is created to implement and administer this chapter.
(b) The membership of the board shall consist of all of the following:
(1) One individual appointed by the Department of Genetics at the University of Alabama at Birmingham.
(2) Four individuals who practice genetic counseling in Alabama and who hold a master’s degree or doctoral degree in genetic counseling from an ACGC or ABMGG accredited training program, or an equivalent program approved by the ACGC or the ABMGG, appointed by the Governor.
(3) One physician appointed by the Medical Association of the State of Alabama.
(4) One physician appointed by the State Board of Medical Examiners.
(5) One physician who specializes in pediatric genetics appointed by the Lieutenant Governor.
(6) One physician appointed by the Speaker of the House of Representatives.
(c) Board members appointed by the Governor shall serve for terms of two years and, upon the expiration of a term, may continue to serve until replaced or reappointed. All other board members shall serve until they are replaced by their respective appointing authority.
(d) The board shall annually elect from its membership a chair, a vice chair, and a secretary.
(e) The appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large.
(f) Unless acting unreasonably or in bad faith, no member of the board shall be civilly liable for acting within the scope of his or her duties as a board member.
(g) Members of the board shall serve without compensation but, to the extent funds are available, may receive the same per diem and travel allowance as state employees.
(h)(1) Except as provided in subdivision (2), members of the board may participate in a regular meeting of the board by means of telephone conference, video conference, or similar communications equipment pursuant to the Alabama Open Meetings Act, Chapter 25A of Title 36.
(2) Members of the board may only participate in a meeting of the board relating to a disciplinary action in person.
(Act 2019-224, §3; Act 2023-471, §1; Act 2025-164, §3.)
(a) The board may issue a license to practice genetic counseling to any individual who satisfies all of the following qualifications:
(1) Is at least 21 years of age.
(2) Has applied in writing to the board in a form and substance that is satisfactory to the board.
(3) Has not engaged in conduct or activities that would constitute grounds for discipline under this chapter.
(4) Has successfully completed either of the following:
a. A master’s degree in genetic counseling from an ACGC or ABMGG accredited training program, or an equivalent program approved by the ACGC or the ABMGG.
b. A doctoral degree and an ABMGG accredited medical genetics training program, or an equivalent program approved by the ABMGG.
(5) Has successfully completed an examination for licensure, as approved by the board.
(6) Has paid fees established by board rule.
(7) Has satisfied the requirements for certification established by the ABGC or its successor, or the ABMGG or its successor, if required by board rule.
(8) Has satisfied any additional requirements for licensure established by board rule.
(b) The board may issue a temporary license to practice genetic counseling to any individual who has made application to the board, has submitted evidence to the board of admission to examination for licensure, and has satisfied all other requirements or conditions for licensure as provided in this section and by board rule, except for the examination requirement. A temporary license shall be valid for no more than one year. The holder of a temporary license shall practice only under the supervision of a qualified supervisor. Nothing in this subsection shall prohibit an applicant from reapplying for a temporary license if he or she otherwise satisfies the qualifications of this subsection.
(Act 2019-224, §4.)
(a) A license issued by the board pursuant to this chapter shall be valid for no more than two years, unless otherwise specified by this chapter or board rule, and shall be renewable on a renewal date established by board rule.
(b) An individual who holds an expired license, or a license on inactive status, may have the license restored by doing all of the following:
(1) Making application to the board.
(2) Submitting proof acceptable to the board of his or her fitness to have the license restored including, but not limited to, sworn evidence certifying his or her active practice in another jurisdiction that is satisfactory to the board.
(3) Paying the required restoration fees as established by board rule.
(c) If an individual has not maintained an active practice in another jurisdiction that is satisfactory to the board pursuant to subdivision (2) of subsection (b), the board, pursuant to an evaluation program established by rule, shall determine the fitness of an individual to resume active status and may require the individual to complete a period of evaluated clinical experience and successful completion of an examination for licensure.
(d) A licensee may elect to place his or her license on inactive status by notifying the board, in writing, on a form prescribed by board rule. An inactive licensee may not practice genetic counseling in this state and shall be excused from the payment of renewal fees until he or she notifies the board of his or her desire to resume active status. An individual requesting restoration to active status shall pay the current renewal fee and shall satisfy the requirements of subsection (b).
(Act 2019-224, §5.)
(a) After the board establishes the genetic counseling licensing program as provided in this chapter, an individual who does not hold a valid license issued by the board may not do any of the following:
(1) Engage in the practice of genetic counseling in this state.
(2) Hold himself or herself out as a genetic counselor.
(3) Use, in connection with his or her name or place of business, any of the following terms:
a. Genetic counselor.
b. Licensed genetic counselor.
c. Gene counselor.
d. Genetic consultant.
e. Genetic associate.
f. Any words, letters, abbreviations, or insignia indicating or implying the individual holds a genetic counseling license.
(b) Any individual who violates this section shall be guilty of a Class A misdemeanor.
(Act 2019-224, §6.)
The board may do all of the following:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure.
(2) Consistent with the laws of this state, adopt and revise rules as necessary to conduct its business, carry out its duties, and administer this chapter.
(3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the license of any applicant or genetic counselor, as applicable, pursuant to this chapter and conduct hearings in connection with those actions.
(4) Conduct hearings on complaints concerning violations of this chapter, and any rule adopted pursuant to this chapter, and cause the prosecution and enjoinder of any violation.
(5) Establish licensure, application, examination, certification, and other administrative fees as necessary.
(6) Establish continuing education requirements.
(7) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for a violation of this chapter, a board rule, or a condition of a license.
(8) Accept grants from foundations, individuals, and institutions to further the purposes of the board.
(9) To the extent funding is available, employ a director and additional staff as necessary for the proper performance of the duties of the board.
(Act 2019-224, §7.)
This chapter does not apply to any of the following:
(1) Any individual licensed by the state to practice in a profession other than that of a genetic counselor, when acting within the scope of his or her profession and doing work of a nature consistent with his or her training. The individual may not hold himself or herself out to the public as a genetic counselor.
(2) Any physician licensed to practice medicine or osteopathy in this state.
(3) Any individual who is certified by ABMGG as a doctor of philosophy medical geneticist before December 31, 2018.
(4) Any individual employed as a genetic counselor by the federal government or an agency thereof, if the individual provides genetic counseling services solely under the direction and control of the organization through which he or she is employed.
(5) A genetic counseling intern enrolled in an ACGC or ABMGG accredited genetic counseling educational program, if genetic counseling services performed by the genetic counseling intern are an integral part of his or her course of study and are performed under the direct instruction of a genetic counselor or licensed physician who is assigned to the genetic counseling intern and is on duty and available in the assigned patient care area.
(6) Any company providing services available directly to consumers without seeing a physician or genetic counselor which is approved by the United States Food and Drug Administration to assess, and not diagnose, risks for certain genetic diseases or conditions.
(Act 2019-224, §8.)
Nothing in this chapter may be construed as authorizing a genetic counselor to practice medicine.
(Act 2019-224, §9.)
There is established in the State Treasury a separate special revenue trust fund known as the Genetic Counseling Fund. All receipts collected by the board pursuant to this chapter shall be deposited into the fund and shall be used only to implement this chapter. The receipts shall be disbursed only by warrant of the Comptroller upon the State Treasury, upon itemized vouchers approved by the executive director, or the board if no executive director is employed. The board may make grants and otherwise arrange with qualified individuals, institutions, or agencies to develop and promote genetic counseling programs and continuing education programs for licensees. No funds may be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.
(Act 2019-224, §10; Act 2023-471, §1.)
The Alabama Board of Genetic Counseling shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2021, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2019-224, §11.)
For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) APPRENTICE. A person who has met the requirements of Section 34-14-7 and may engage in the practice of fitting and dealing in hearing instruments only under the direct supervision of a hearing aid dispenser or hearing aid specialist when designated by the sponsoring dispenser.
(2) APPRENTICE PERMIT. A permit issued while the applicant is in training to become a licensed hearing aid specialist.
(3) BOARD. The Board of Hearing Instrument Dealers.
(4) DIRECT SUPERVISION. On site and close contact whereby a supervisor is able to respond quickly to the needs of the patient or client receiving care or the supervisee.
(5) HEARING AID DISPENSER. Any trained person who has met all requirements of this chapter for licensure and who may engage in the practice of fitting and dealing in hearing instruments without the direct supervision of any person.
(6) HEARING AID or HEARING INSTRUMENT. Any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing.
(7) HEARING AID SPECIALIST. A trained, licensed person who may engage in the practice of fitting and dealing in hearing instruments under the indirect supervision of a hearing aid dispenser.
(8) INDIRECT SUPERVISION. Frequent and close contact whereby a supervisor is able to respond quickly to the needs of the patient or client receiving care or the supervisee.
(9) LICENSE. A license issued by the board under this chapter to a hearing aid specialist or hearing aid dispenser.
(10) PRACTICE OF FITTING AND DEALING IN HEARING INSTRUMENTS. The measurement of human hearing by means of an audiometer or by other means approved by the board solely for the purpose of making selections, adaptations, or sale of hearing instruments. The term also includes the making of impressions for earmolds. A licensee or permit holder, at the request of a physician or a member of related professions, may make audiograms for the professional’s use in consultation with the hard-of-hearing.
(11) SELL or SALE. Any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
(12) TELEPRACTICE. The practice as provided by rule of the board pursuant to subdivision (10).
(Acts 1971, No. 2425, p. 3858, §1; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) No person shall engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting and sale of hearing instruments unless the person holds a license or permit issued by the board as provided in this chapter. The license or permit shall be conspicuously posted in his or her office or place of business. Duplicate licenses or permits may be issued by the board to valid license holders operating more than one office, upon additional payment determined by the board for each additional office. A license under this chapter shall confer upon the holder the right to select, fit, and sell hearing instruments.
(b) Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license; provided, that it employs only properly licensed or permitted natural persons and that it shall have at least one licensed Alabama dispenser on its staff to provide direct supervision of any licensed hearing aid specialists or apprentices employed in the direct sale and fitting of such products. Such corporations, partnerships, trusts, associations, or other like organizations shall file annually with the board a list of all licensed hearing aid dispensers, hearing aid specialists, and apprentices directly or indirectly employed by them. Such organizations shall also file with the board a statement on a form approved by the board that they submit themselves to the rules and regulations of the board and the applicable provisions of this chapter.
(c) Nothing in this chapter shall apply to physicians licensed to practice medicine in this state or employees under the supervision of a physician licensed to practice medicine, or to the professional corporation or professional association of such physicians.
(d) Nothing in this chapter shall apply to speech pathologists or to audiologists licensed in this state.
(Acts 1971, No. 2425, p. 3858, §2; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) The board shall register each applicant without discrimination who pays an examination fee as prescribed by rule of the board and who satisfactorily passes an examination as provided in Section 34-14-4, and upon the applicant’s payment of the application fee, shall issue to the applicant a license signed by the board. The license shall be effective until January 30 of the year following the year in which issued.
(b) An applicant who fulfills the requirements regarding age, character, education, and health, as set forth in subsection (a) of Section 34-14-4, and who shall provide proof of having met all state qualifying examination requirements and requirements of certification as a national board certified hearing aid specialist shall be issued a dispenser’s license.
(c) An applicant for licensure by reciprocity shall submit to the board, in form and content satisfactory to the board, written proof of all of the following:
(1) That the applicant is currently licensed as a hearing aid specialist, hearing aid dispenser, or hearing aid dealer under the laws of another state or the District of Columbia.
(2) That the requirements for the license are equivalent to or greater than those required in this state. Minimum acceptable tests shall be approved by the board and shall be at or above the standards set by the National Institute of Hearing Instrument Studies examination. Scores from the licensing authority shall be mailed from that authority directly to the board and the test shall have been taken within the past 12 months.
(3) That the licensee is in good standing and his or her license has not been suspended or revoked.
(4) That verification of all licenses that have been issued are on file with the board.
(5) That the state that issued the license has a current reciprocity agreement on file with the board.
(d) An applicant who has a complaint pending against him or her in another state may not be granted an Alabama license until the complaint is resolved and resolution validated by the licensing agency of that state.
(e) Any person making application for licensure under this section shall be required to pass the Alabama law written test and all areas of the practical examination.
(f) The holder of a certificate of endorsement shall be registered in the same manner as a licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of a certificate of endorsement shall be the same as the fees, grounds for renewal, and procedures for the suspension of a license.
(Acts 1971, No. 2425, p. 3858, §6; Acts 1985, No. 85-337, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) Applicants may obtain a license by successfully passing a qualifying examination; provided, that the applicant:
(1) Is at least 19 years of age;
(2) Is of good moral character;
(3) Has an education equivalent to a four-year course in an accredited high school;
(4) Is free of contagious or infectious disease; and
(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) An applicant who meets the qualifications of subsection (a) as determined by the board who applies for license by examination shall appear at a time, place, and before such persons as the board may designate to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting and sale of hearing instruments.
(c) The board shall give examinations at least three times each year.
(Acts 1971, No. 2425, p. 3858, §7; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2009-42, p. 142, §3; Act 2016-112, §1.)
(a) The qualifying examination provided in Section 34-14-4 shall be designed to demonstrate the applicant’s adequate technical qualifications by testing the applicant in three separate sections consisting of a written examination, a practical examination, and a state law examination. The board may revise standards for the qualifying examination, so long as the following minimum requirements are satisfied:
(1) Written examination scores from states with existing reciprocity agreements with the board are considered valid for 12 months from the date of examination in the other state if the examination is determined by the board to be similar in content to the qualifying examination required for licensure in this state.
(2) An applicant who fails one or more sections of the qualifying examination may retest failed sections for the qualifying examination in the following manner:
a. An applicant who fails the written examination section shall retake the entire written examination section.
b. An applicant who fails the Alabama law section shall retake the entire Alabama law section.
c. An applicant who fails the practical examination section shall be retested in only those portions of the practical examination that he or she failed.
d. An applicant who fails to successfully complete a retest pursuant to paragraphs a., b., or c., or any combination of these, may retake the entire three-section qualifying examination within one year from the initial test.
(b) The three-section qualifying examination may not include questions requiring a medical or surgical education. The purpose of the examination, at a minimum, is to provide the opportunity for a person with a high school level education, or its equivalent, with appropriate study through the apprentice training program and training and supervision under the direction of a licensed dispenser, to enter the profession.
(c) The practical examination section of the qualifying examination shall include all of the following areas:
(1) Pretest procedure.
(2) Pure tone air conduction and masking.
(3) Pure tone bone conduction and masking.
(4) Speech audiometry and masking.
(5) Ear impressions.
(6) Audiogram interpretation and fitting.
(7) Troubleshooting hearing aids.
(Acts 1971, No. 2425, p. 3858, §9; Acts 1989, No. 89-268, p. 408, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) Each person who engages in the fitting and sale of hearing instruments shall annually, on or before January 30, pay to the board a fee as prescribed by rule of the board for renewal of his or her license and shall keep such certificate conspicuously posted in his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the board for posting in each location upon payment of the fee prescribed by rule of the board. A license may be reinstated and renewed within two years. The board may renew such expired certificates upon payment of a reinstatement fee as prescribed by the board, in addition to the license renewal fee, to the board. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided, that such renewal application is made within two years from the date of such expiration.
(b) All fees collected by the board shall be set by rule of the board. For calendar year 2016, no single fee shall exceed two hundred fifty dollars ($250). For any calendar year thereafter, no single fee may be increased by more than 20 percent per year.
(c) The board shall maintain a program of continuing education for its licensees. No licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met.
(Acts 1971, No. 2425, p. 3858, §11; Acts 1985, No. 85-337, p. 274, §3; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) An applicant who fulfills the requirements regarding age, character, education, and health, as set forth in subsection (a) of Section 34-14-4, may obtain an apprentice permit upon application to the board and payment of any required application and permit fees as prescribed by rule of the board.
(b) Upon receiving an application as provided under this section and accompanied by the required fees, the board shall issue an apprentice permit which shall entitle the applicant to engage in the fitting and sale of hearing instruments for a period of one year under the direct supervision of a person holding a valid Alabama dispenser license or hearing aid specialist license, when designated by the sponsor, provided the apprentice has successfully completed the International Institute for Hearing Instrument Studies distance learning program. A sponsoring dispenser is responsible for the actions and training of the apprentice. An apprentice permit may be renewed for an additional year, upon terms and conditions established by the board. An applicant may not be issued a second permit within a five-year period following the expiration date of the initial permit.
(c) An apprentice or applicant who successfully completes the hearing aid specialist examination may obtain a hearing aid specialist license upon application to the board, and payment of the required fees, which shall entitle the applicant to engage in the sale or fitting of hearing instruments until January 30th of the following year under the direct supervision of a person holding a current Alabama hearing aid dispenser’s license. The licensed dispenser shall be totally responsible for the supervision of all activities of the hearing aid specialist pertaining to the sale and fitting of hearing instruments.
(d) The dispenser who is responsible for the supervision and training of an apprentice shall not have more than four apprentices under his or her supervision at any time. There shall be no limitations on the number of hearing aid specialists a dispenser may have under his or her supervision at any given time.
(e) The dispenser responsible for the supervision and training of any apprentice or hearing aid specialist shall be subject to administrative actions with respect to licensure and to civil liability for all actions of an apprentice or hearing aid specialist under his or her supervision when the apprentice or hearing aid specialist engages in unethical, prohibited, fraudulent, deceptive, and misleading conduct involving the fitting and dispensing of hearing instruments.
(Acts 1971, No. 2425, p. 3858, §8; Acts 1982, No. 82-146, p. 173, §4; Acts 1985, No. 85-337, p. 274, §3; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2001-250, p. 301, §3; Act 2016-112, §1.)
(a) A person who holds a license shall notify the board in writing of the regular address of the place or places where he or she engages or intends to engage in the fitting or the sale of hearing instruments.
(b) The board shall keep a record of the place of business of licensees.
(c) Any notice required to be given by the board to a person who holds a license shall be mailed to him or her at the address of the last place of business of which he or she has notified the board.
(d) Any change of address, place of business, or sponsor shall be submitted to the board within 30 days after the change. Replacement certificates shall be issued by the board upon the payment of the required fee.
(Acts 1971, No. 2425, p. 3858, §10; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) Any person wishing to make a complaint against a licensee or apprentice under this chapter shall reduce the same to writing and file his or her complaint with the board within one year from the date of the action upon which the complaint is based. If the board investigates and determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended or revoked, it shall make an order fixing a time and place for a hearing and require the licensee complained against to appear and defend against the complaint. The order shall have annexed thereto a copy of the complaint. The order and copy of the complaint shall be served upon the licensee at least 20 days before the date set for hearing, either personally or by registered or certified mail sent to the licensee’s last known address. Continuances or adjournment of hearing date shall be made if for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the board may take depositions in advance of hearing and after service of the complaint, and either may compel the attendance of witnesses by subpoenas issued by the board under its seal. Either party taking depositions shall give at least five days’ written notice to the other party of the time and place of such depositions, and the other party may attend, with counsel if desired, and cross-examine. Appeals from suspension or revocation may be made to the circuit court. In the event of an appeal, there shall be a trial de novo and the trial shall be before the court without the intervention of a jury.
(b) The board may discipline its licensees and apprentices by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation and may institute any legal proceedings necessary to effect compliance with this chapter.
(c) Any person registered under this chapter may have his or her permit or license revoked or suspended by the board, be reprimanded by the board, or be administratively fined not more than one thousand dollars ($1,000) per violation by the board for any of the following causes:
(1) The conviction of a felony or a misdemeanor involving moral turpitude; the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be prima facie proof of such conviction.
(2) Procuring of a license by fraud or deceit.
(3) Unethical conduct, including:
a. The obtaining of any fee or the making of any sale by fraud or misrepresentation.
b. Knowingly employing, directly or indirectly, any suspended or unregistered person to perform any work covered by this chapter.
c. Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.
d. Advertising a particular model or type of hearing instrument for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.
e. Representing that the service or advice of a person licensed to practice medicine shall be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the words “doctor,” “clinic,” “balance clinics,” or similar words, abbreviations, or symbols which tend to connect the medical profession when such use is not accurate.
f. Habitual intemperance.
g. Gross immorality.
h. Permitting another’s use of a license.
i. Advertising a manufacturer’s name or trademark which implies a relationship with the manufacturer that does not exist.
j. Directly or indirectly giving or offering to give, or permitting or causing to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence him or her or have him or her influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser, hearing aid specialist, or apprentice, or influencing persons to refrain from dealing in the products of competitors.
(4) Conducting business while suffering from a contagious or infectious disease.
(5) Engaging in the fitting and sale of hearing instruments under a false name or alias with fraudulent intent.
(6) Selling a hearing instrument to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing instruments, except in cases of selling replacement hearing instruments.
(7) Gross incompetence or negligence in fitting and selling hearing instruments.
(8) Violating any provision of this chapter.
(d) The board may bring an action to enjoin any person, firm, or corporation who, without being licensed or issued a permit by the board, dispenses hearing instruments in this state. The action shall be filed in the county in which such person resides or practices or in the county where the firm or corporation maintains an office or practices. Notwithstanding any other provision of law to the contrary, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating this chapter by engaging in the practice of fitting, selling, or dispensing hearing instruments without a license.
(Acts 1971, No. 2425, p. 3858, §12; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2009-42, p. 142, §3; Act 2016-112, §1.)
(a) Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt which shall contain the licensee’s or apprentice’s signature and show his or her business street address and the number of his or her license or permit, together with specifications as to the make and model of the hearing instrument furnished and the full terms of sale clearly stated. If an instrument which is not new is sold, the receipt and the container thereof shall be clearly marked as “used” or “reconditioned,” whichever is applicable, with terms of guarantee, if any.
(b) Such receipt shall bear in no smaller type than the smallest used in the body copy portion the following:
“The purchaser has been advised at the outset of his or her relationship with the hearing instrument apprentice, fitter, or dispenser that any examination(s) or representation(s) made by a licensed hearing instrument apprentice, fitter, or dispenser in connection with the fitting and selling of this hearing instrument(s) is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.”
(c) Any person engaging in the fitting and sale of hearing instruments shall ascertain whether a person under the age of 18 has been examined by a physician for his or her recommendation to be fitted with a hearing instrument within six months prior to the fitting. If such not be the case, no hearing instrument shall be sold to such person until such an examination is made.
(Acts 1971, No. 2425, p. 3858, §3; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3.)
(a) The board shall perform the following duties:
(1) Authorize all disbursements necessary to carry out the provisions of this chapter;
(2) Register persons who apply to the board who are qualified to engage in the fitting and sale of hearing instruments;
(3) Administer, coordinate, and enforce this chapter, evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter, issue and renew licenses and permits under this chapter, and investigate allegations of violations of this chapter;
(4) Promulgate rules and regulations necessary to carry out the provisions of this chapter and to establish consumer protection provisions, provisions for prohibited practices, and requirements for businesses;
(5) Issue and renew a dispenser’s license to sell and fit hearing instruments to any person who is duly licensed under the laws of this state as an audiologist; and
(6) Furnish a list of persons licensed under this chapter, upon request and payment of the required fee.
(b) The board shall be authorized to review individual appeals for exemption from required certification for a dispenser’s license.
(c) The board may subpoena witness’s testimony and records for any official hearing or proceeding of the board.
(Acts 1971, No. 2425, p. 3858, §14; Acts 1982, No. 82-146, p. 173, §4; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
No person shall:
(1) Sell, barter, or offer to sell or barter a license or permit;
(2) Purchase or procure by barter a license or permit;
(3) Alter a license or permit;
(4) Use or attempt to use as valid a license or permit which has been fraudulently obtained, counterfeited, or materially altered; or
(5) Willfully make a false statement in an application for license or apprentice permit or application for renewal of a license.
(Acts 1971, No. 2425, p. 3858, §13; Acts 1994, No. 94-180, p. 224, §3.)
This chapter is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments; provided, that such person or organization employing such person does not sell hearing instruments or accessories thereto.
(Acts 1971, No. 2425, p. 3858, §4; Acts 1994, No. 94-180, p. 224, §3.)
A violation of this chapter shall be punishable as a Class C misdemeanor.
(Acts 1971, No. 2425, p. 3858, §19; Acts 1994, No. 94-180, p. 224, §3.)
(a) There is established a Board of Hearing Instrument Dealers which shall administer this chapter.
(b)(1) Members of the board shall be citizens and residents of the state and appointed by the Governor. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large.
(2) The board shall consist of eight members as follows: Five licensees, one of whom may be a hearing aid specialist, one physician who specializes in diseases of the ear, one audiologist, and one consumer member. The consumer member shall have the same powers as other board members, except that the consumer member shall have no voting powers in matters of issuing, suspending, or revoking licenses, and neither the consumer member, nor his or her spouse, may be a hearing aid specialist or hearing aid dispenser. Each hearing aid specialist or hearing aid dispenser on the board shall have no less than three years of experience and shall hold a valid license as a hearing aid specialist or hearing aid dispenser, as provided under this chapter. No member of the board may be from the same business or firm of another board member, and no member may be the spouse or immediate family member of another board member.
(c) All members of the board shall be appointed by the Governor from a list of qualified persons nominated by the Alabama Society for Hearing Healthcare Providers. The term of office of each member shall be for four years. Before a member’s term expires, the Governor shall appoint a successor to assume his or her duties upon the expiration of his or her predecessor’s term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. The members of the board shall annually designate one member to serve as chair, another to serve as vice chair, and other officers the board deems necessary, including a complaints chair.
(d) No member of the board who has served two or more full terms may be reappointed to the board until at least one year after the expiration of his or her most recent full term of office.
(e) Members of the board shall receive for each day actually engaged in the duties of the office a per diem amount of twenty-five dollars ($25), not to exceed the sum of one thousand dollars ($1,000) per year, and reimbursement for traveling expenses as provided in Article 2 of Chapter 7 of Title 36, and other expenses, the remuneration and reimbursement to be paid from appropriations made for this purpose.
(f) The Governor may remove any member for neglect of duty, incompetency, or unprofessional conduct. The board may employ, and at its pleasure discharge, an executive secretary and such officers and employees as may be necessary, and the board shall fix their compensation.
(Acts 1971, No. 2425, p. 3858, §15; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3; Act 2005-66, p. 93, §3; Act 2009-42, p. 142, §3; Act 2016-112, p. 177, §1; Act 2025-167, §3.)
The Attorney General of the state shall act as legal adviser of the board and shall render such legal assistance as may be necessary in carrying out the provisions of this chapter.
(Acts 1971, No. 2425, p. 3858, §16; Acts 1989, No. 89-268, p. 408, §3; Acts 1994, No. 94-180, p. 224, §3.)
The board shall meet not less than twice each year at a place, day, and hour determined by the board. The board shall also meet at such other times and places as may be requested by the state board.
(Acts 1971, No. 2425, p. 3858, §17; Act 2016-112, §1.)
(a) Within a week of receiving funds, the board shall pay into the State Treasury all moneys received by it under this chapter during the preceding calendar month. The State Treasury shall credit the moneys to the Board of Hearing Instrument Dealers Account, which account is hereby created.
(b) The moneys in the Board of Hearing Instrument Dealers Account shall remain, and the board may use funds in the account for the purpose of paying the expenses of administering and enforcing the provisions of this chapter.
(Acts 1971, No. 2425, p. 3858, §18; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)
(a) The board shall establish fees by rule adopted pursuant to the Alabama Administrative Procedure Act. The board may impose fees of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) for each of the following:
(1) Initial application fee for an apprentice permit, hearing aid specialist license, and hearing aid dispenser license.
(2) License fee for a hearing aid specialist license and for a hearing aid dispenser license.
(3) Renewal fee for the renewal of a hearing aid specialist license and the renewal of a hearing aid dispenser license.
(4) Permit fee for an apprentice permit.
(5) Renewal fee for an apprentice permit.
(6) Qualifying examination and retest examination fees.
(7) Late filing fee for a business statement of compliance.
(8) Late renewal fee.
(9) Reinstatement license fee.
(10) Duplicate license, certificate, or permit fee.
(11) Replacement license, certificate, or permit fee.
(12) Verification of license fee.
(13) Mailing list fee.
(14) Returned check fee.
(15) Special assessment fee.
(b) A fee may not be refunded to an applicant or licensee under any circumstances.
(Act 2016-112, §2.)
(a) In the interest of the public health, safety, welfare, and consumer protection, and to regulate the home building and private residence construction industry, the purpose of this chapter and the intent of the Legislature in passing it is:
(1) To provide for the licensure of persons who engage in home building, private residence construction, and home improvement industries, including remodeling.
(2) To establish an Alabama Residential Building Code.
(3) To provide guidance, assistance, promotion, and support for code inspections of residential construction.
(4) To support education within the construction trades and construction inspections in the State of Alabama.
(b) The Legislature recognizes that the home building and home improvement construction industries are significant industries and that significant harm to the public may result from the provision of inadequate, unsafe, or inferior building services by unqualified, incompetent, or dishonest home builders and remodelers. The Legislature finds it necessary to regulate the residential home building and home improvement industries.
(Acts 1992, No. 92-608, p. 1282, §1; Act 2018-143, §1; Act 2019-482, §1; Act 2024-443, §2.)
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.
(Acts 1992, No. 92-608, p. 1282, §2; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1;Act 2018-143, §1; Act 2019-482, §1; Act 2024-443, §2.)
(a) There is established the Home Builders Licensure Board to regulate the residential home building and residential construction industry and to promote and expend funds for the education and support of associated construction trades.
(b) The board shall have nine members who shall be appointed as follows: Three by the Governor, three by the Lieutenant Governor, and three by the Speaker of the House of Representatives, from a list of three qualified individuals for each position provided by the governing body of the Home Builders Association of Alabama.
(c) Seven of the members shall be residential home builders, as defined in this chapter, with at least five years’ experience as a residential home builder, and each shall be a bona fide resident of the State of Alabama. One member shall be a building official or inspector currently employed by a city, county, or state governmental entity and actively engaged in inspecting or regulating residential construction in this state. One shall be a consumer member of the general public not employed by or affiliated with a licensee hereunder, and who has no spouse or immediate family member employed by or affiliated with a licensee hereunder.
(d) Each member of the board shall be a resident of this state, 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 with the remaining members being appointed from the state at-large.
(e) Of the initial members of this board, the appointing authorities shall designate that each appointee shall serve for an initial term of one, two, or three years, their terms of office expiring on December 31 of the years. Subsequent terms shall be for a period of three years.
(f) The respective appointing authority shall make an appointment to fill a vacancy for the remainder of any unexpired term from a list of three qualified individuals supplied by the governing body of the Home Builders Association of Alabama. Each board member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified.
(Acts 1992, No. 92-608, p. 1282, §3; Acts 1997, No. 97-250, p. 457, §3; Act 2009-35, p. 121, §3; Act 2018-143, §1; Act 2019-482, §1; Act 2025-72, §3.)
THIS SECTION WAS AMENDED BY ACT 2021-272 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) Members of the board shall select from its own membership a chair, who shall preside at all meetings of the board unless otherwise ordered, and he or she shall exercise and perform all duties and functions incident to the office of chair. The board may select from its own membership a vice-chair, a secretary, and a treasurer. The offices of secretary and treasurer may be held by the same person.
(b) The board, at a minimum, shall meet on a quarterly basis and at such other times as the chair may designate for the purpose of transacting business as may properly come before the board. Four members shall constitute a quorum at all meetings. The secretary of the board shall keep such records of each meeting as shall be required by the board.
(c) Members of the board may be compensated in an amount not to exceed three hundred fifty dollars ($350) per day, not to exceed 15 days per year, for attending meetings of the board or its committees and, in addition, may be reimbursed for such necessary travel expenses as are paid to state employees.
(d) The board may employ an executive director and a deputy director. The board, with the approval of the Governor and the State Personnel Board as provided in Section 36-6-6, shall fix the salary of the executive director and the deputy director.
(e) The executive director may hire staff to carry out this chapter.
(Acts 1992, No. 92-608, p. 1282, §4; Act 2006-105, p. 136, §1; Act 2018-143, §1; Act 2019-179, §1.)
(a) (1) All residential home builders shall be required to be licensed by the Home Builders Licensure Board annually. The board may issue more than one type of license.
(2) The board may issue licenses that vary in scope of work authorized, including, but not limited to, licenses without limitation and with limitation.
(3) The board may issue licenses that vary in requirements for licensure, including, but not limited to, evidence of experience and ability and financial responsibility, as determined by the cost of the undertaking.
(4) The board may charge varying fees for licenses.
(b)(1) Except as provided in this chapter, all licenses shall be issued or renewed upon the payment to the board of the annual license fee. The annual license fee shall be set by the board after it considers its cost of operation. The annual fee may be increased or decreased by the board but in no event shall the board set the annual fee at an amount which would not provide sufficient revenues to pay all the salaries, costs, and expenses incurred by the board in enforcing this chapter and promoting public health, safety, welfare, and consumer protection.
(2) The board may also charge application processing fees, inactive license fees, late fees, and fees for education requirements. The inactive fees may be waived for building officials. The board may, upon request in writing, refund fees, except the application processing fee, paid by an applicant who is denied a license or who fails to complete the application process. No fees shall be refunded to a licensee as a result of a license revocation.
(3) The annual license fee shall be for a period of 12 months beginning January 1 of each year. All license fees collected by the board shall be paid into the State Treasury to the credit of the Home Builders Licensure Board Fund and its funds shall be subject to withdrawal only upon warrant of the state Comptroller to be issued upon certification of the secretary or treasurer of the board.
(c) Any funds remaining in the State Treasury to the credit of the Home Builders Licensure Board Fund at the end of each year shall be paid into the General Fund of the state on or before January 15, and in each succeeding year, except that should the board exercise its authority to establish the Homeowners’ Recovery Fund or the Home Builders Property Acquisition Fund, or both, as provided in this chapter, any funds remaining in the State Treasury to the credit of the Home Builders Licensure Board Fund shall be paid into the Homeowners’ Recovery Fund or the Home Builders Property Acquisition Fund, or both, of the board. The board may maintain sufficient funds to carry out the purposes of the Homeowners’ Recovery Fund and the Home Builders Property Acquisition Fund, as set forth in Sections 34-14A-15 and 34-14A-18, including, but not limited to, the transfer of funds between the Homeowners’ Recovery Fund and the Home Builders Property Acquisition Fund. The board, at all times, may retain a sum sufficient to meet any emergency that may arise which may affect its efficient operation.
(d) No funds shall be withdrawn or expended except as budgeted and allocated 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 bill or other appropriations bills.
(Acts 1992, No. 92-608, p. 1282, §5; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1.)
This chapter does not apply to:
(1) Any employee of a licensee who does not hold himself or herself out for hire or engage in residential home building, except as such employee of a licensee.
(2) An authorized employee of the United States, the State of Alabama, or any municipality, county, or other political subdivision, if the employee does not hold himself or herself out for hire or otherwise engage in residential home building except in accordance with his or her employment.
(3) General contractors holding a current and valid license, issued prior to January 1, 1992, under Chapter 8 of this title.
(4) Real estate licensees, licensed engineers, and licensed architects operating within the scope of their respective licenses on behalf of clients.
(5) a. Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale. This exception may not be transferred to any other person, including, but not limited to, an agent through a power of attorney.
b. In any action brought under this chapter, proof of the sale or offering for sale of such structure by the owners of property, as provided in this subdivision, within one year after completion of same is presumptive evidence that the construction was undertaken for the purpose of sale.
(6) Mobile homes or any structure that is installed, inspected, or regulated by the Alabama Manufactured Housing Commission or the repair, improvement, or reimprovement of any such structure, and shall not in any way change or interfere with the duties, responsibilities, and operations of the Alabama Manufactured Housing Commission as defined in Sections 24-4A-1 through 24-6-4.
(7) Agricultural buildings, except for any residence contained therein.
(Acts 1992, No. 92-608, p. 1282, §6; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1.)
(a) Any residential home builder who desires to receive a new or renewal license under this chapter shall make and file with the board 30 days prior to the next meeting of the board a written application on a form prescribed by the board. Each applicant shall be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government. The application shall be accompanied by the payment of the annual license fee required by the board. After the board accepts the application, the applicant may be examined by the board at its next meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant:
(1) Experience.
(2) Ability.
(3) Character.
(4) Business-related financial condition.
a. The board may require a financial statement on a form prescribed by the board and a public records search directly from a credit reporting agency.
b. The board may require a positive net worth or other evidence of business-related financial condition sufficient to reasonably satisfy the board of the applicant’s financial responsibility.
c. The board may require that business-related judgments, judgment liens, and other perfected liens must be satisfied and released.
d. Any information obtained by the board pursuant to this subsection relating to the financial condition of an applicant shall not be public information.
(5) Ability and willingness to serve the public and conserve the public health and safety.
(6) Any other pertinent information the board may require.
(b)(1) If the board finds the applicant qualified to engage in residential home building in Alabama, the applicant shall be issued a license. An applicant rejected by the board shall be given an opportunity to be reexamined after a new application has been filed and an additional application fee paid.
(2) A record shall be made and preserved by the board of each examination and the findings of the board pertaining to the examination. A copy of the record shall be made available to any applicant requesting it upon the payment of a reasonable fee to the board.
(c) The board, by rule, may require proof of and maintenance of insurance as a qualification for licensure.
(d) The board, by rule, may establish or adopt, or both, education requirements and may approve, administer, or financially support the program or programs providing residential construction education.
(e)(1) Each licensee shall notify the board within 10 days after notice of the institution of any criminal prosecution against him or her. The notification shall be in writing, by certified mail, and shall include a copy of the specific charge made together with a copy of the indictment, information, or complaint, affidavit, and warrant making the charges.
(2) Each licensee shall notify the board in writing by certified mail within 10 days after he or she receives notice that any criminal verdict has been rendered against him or her, or that a criminal action pending against him or her has been dismissed.
(f) Each licensee shall use a valid written contract when engaging in the business of residential home building. In addition to any other requirements provided by law, the contract shall contain the licensee’s license number issued by the board.
(g) Whenever a licensee engages in advertising, the licensee shall ensure that the licensee’s valid license number issued by the board is displayed.
(h) When any residential home building to be performed will comply with a program designed to enhance the resiliency of the structure beyond the requirements of the applicable building codes, the licensee shall disclose this compliance to the homeowner in writing prior to the commencement of the residential home building.
(i)(1) Any licensee who desires to receive an inactive license shall make and file with the board a written application for an inactive license on a form prescribed by the board prior to the expiration of his or her current license. The application shall be accompanied by the payment of the annual inactive license fee required by the board. No act for which a license is required may be performed under an inactive license. In the event a person holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).
(2) A person holding an expired license who seeks to reactivate his or her license within three years of the date of expiration shall be deemed to have satisfied the experience and ability requirements for licensure if the application is made within the three-year time period and all other licensing requirements pursuant to subsection (a) have been met.
(3) Any building official or building inspector who desires to receive an inactive license shall make and file with the board 30 days prior to the next meeting of the board a written application for an inactive license on a form prescribed by the board. After the board accepts the application, the applicant may be examined by the board at its next board meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant as satisfying the experience and ability requirements for licensure:
a. That the building inspector is an employee of the United States, the State of Alabama, or any municipality, county, or other political subdivision and, by virtue of that employment, is exempted or prohibited by law from holding a license; and
b. That the building inspector does any of the following:
(i) Chief building official.
(ii) Deputy building official.
(iii) Building inspector.
(iv) Housing inspector.
(v) Design professional.
(vi) Plan reviewer.
(i) Certified building official.
(ii) Building inspector.
(iii) Residential building inspector.
(iv) Property maintenance and housing inspector.
(v) Building plans examiner.
(vi) Design professional.
(4) In the event a building official or building inspector holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).
(Acts 1992, No. 92-608, p. 1282, §7; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2009-35, p. 121, §3; Act 2018-143, §1; Act 2024-443, §2.)
(a) The board may levy and collect administrative fines not to exceed five thousand dollars ($5,000) for each violation or revoke or suspend the license of any licensee who, in the opinion of the board, has committed fraud or deceit in obtaining a license required by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the practice of residential home building, who has engaged in the business of residential home building outside the scope of the license, or who has violated this chapter or a board rule. Should the board establish or adopt, or both, standards of practice for residential home builders within the state, as provided in Section 34-14A-12, the board may suspend the license of any licensee who, in the opinion of the board, has committed a violation of the standards of practice and may impose any other disciplinary sanctions authorized pursuant to this chapter.
(b) An original homeowner may file a consumer complaint alleging a violation of this section against any licensee. Consumer complaints shall be made in writing and sworn to by the person making the consumer complaint and shall be submitted to the executive director of the board within six years of the date of substantial completion of construction or within six years of the date the original homeowner took possession of the residence.
(c) An investigation may be initiated upon receipt of a consumer complaint or may be initiated by the board. The board may resolve violations by agreement between the board and the licensee with or without the filing of a formal administrative summons and complaint.
(d) With the consent of the licensee, the board may conduct an informal hearing without meeting the requirements of the Administrative Procedure Act if no action is taken other than a reprimand, public or private.
(e) The charges, unless dismissed without hearing by the board as unfounded or trivial, shall be heard within three months after the filing of an administrative summons and complaint by the board’s executive director.
(f) A copy of the charges, with notice of the time and place of the hearing, shall be served on the licensee charged at least 15 days before the hearing date.
(g) The licensee charged may appear personally and may be represented by counsel. He or she may cross-examine witnesses against him or her and may produce evidence and witnesses in his or her defense.
(h) If, after hearing, the board votes to revoke or suspend the license of, or impose a fine upon, the licensee charged on the basis of fraud or deceit in obtaining his or her license or gross negligence, incompetence, or misconduct in the practice of residential home building, a violation of this chapter or board rule, or a violation of the standards of practice, it shall so order, and the board may impose and collect the actual costs of the hearing.
(i) The licensee may, within 30 days from the date of receipt or service of the order, file with the board written notice of his or her intention to appeal from the order of the board. Appeals from orders of the board shall be to the circuit court with jurisdiction of the licensee’s residence, or if the licensee is out of state, then to the Circuit Court of Montgomery County, for a determination by the court whether the decision of the board is supported by substantial evidence. If the court so finds, it shall affirm the action of the board.
(j) The board may issue a license to a licensee whose license has been revoked, and may reinstate a suspended license prior to the end of the suspension period, if four or more members of the board vote in favor of the issuance or reinstatement.
(k) In addition to any other disciplinary action authorized pursuant to this section, the board may require a licensee to successfully complete education requirements to be determined by the board for a violation of this chapter or a board rule.
(Acts 1992, No. 92-608, p. 1282, §8; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1.)
(a) All administrative complaints, orders to show cause, notices of hearings, and statements of charges, and all amendments thereto, and all orders of the board which are dispositive of the issues raised thereby, shall be public record.
(b) All records, reports, documents, photographs, and information contained in complaint and investigation files, shall be confidential, shall not be public record, and shall not be available for court subpoena or for discovery in civil proceedings. Disciplinary action proceedings shall be closed. The record in such proceedings, including witness testimony, exhibits, and pleadings, shall be confidential, shall not be a public record, and shall not be available for court subpoena or for discovery in civil proceedings.
(c) Nothing contained herein shall apply to records made in the regular course of business of an individual. Documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the board.
(Act 2006-105, p. 136, §2.)
A complete roster of licensees shall be prepared and published annually by the board.
(Acts 1992, No. 92-608, p. 1282, §9.)
The board shall annually submit to the Governor a report of its transactions for the preceding year. The board shall file with the Secretary of State a copy of the report submitted to the Governor.
(Acts 1992, No. 92-608, p. 1282, §10.)
(a) The board is authorized to promulgate rules and regulations necessary to effectuate the provisions of this chapter and accomplish its work. The rule-making powers of the board are subject to the Alabama Administrative Procedure Act as codified in Chapter 22 of Title 41.
(b) For the purposes of this chapter, any notice, application, or other document required herein which is mailed certified mail return receipt requested, shall be deemed to have been filed as of the date it is postmarked. The provisions of this subsection shall be retroactively effective to all mailings relating to board business occurring on or after May 21, 1992.
(Acts 1992, No. 92-608, p. 1282, §11; Acts 1997, No. 97-250, p. 457, §3.)
(a) The board shall have the sole authority to adopt the following codes:
(1) The Alabama Residential Building Code, which shall apply to all construction and improvements governed by this chapter.
(2) The Alabama Residential Energy Code, which shall apply to all residential construction and improvements.
(b)(1) The Alabama Residential Building Code shall be enforced by local jurisdictions that have permitting and inspection programs for residential construction and improvements that are adhered to by residential home builders. The Alabama Residential Building Code shall not supersede any local residential building code adopted by any county or municipality in effect on January 1, 2027.
(2) The Alabama Residential Energy Code shall be enforced by local jurisdictions that have adopted energy code provisions for residential and commercial construction and improvements. Provisions adopted by local jurisdictions may not exceed those contained within the Alabama Residential Energy Code.
(3) A local building code adopted by any county or municipality after January 1, 2027, shall meet the minimum standards of the Alabama Residential Building Code and the Alabama Residential Energy Code in effect at the time of the local building code adoption. The local building code may amend the standards as local conditions require, but no such adoption or amendment shall exceed the provisions of the Alabama Residential Energy Code unless local conditions or compliance with any federal mandate requires such adoption.
(4) Notwithstanding any other provision of law to the contrary, the Alabama Residential Building Code does not apply to any agricultural building except for any residence contained therein.
(c)(1) A county commission, by resolution, may adopt building laws and codes that shall apply in the unincorporated areas of the county. The county commission shall provide a copy of any resolution adopted pursuant to this subsection to the board within 10 business days of adopting the resolution.
(2) A local building law or code adopted pursuant to this subsection may not take effect until 120 days after the resolution was adopted; provided, in the case of an insurance claim requiring work and activities for which a license is required by this chapter, the effective date for the building law or code shall be the date of adoption by the local jurisdiction.
(3) The building laws and codes of the county commission may be enforced within a municipality’s police jurisdiction outside of the municipality’s corporate limits as provided in Section 11-40-10(b)(2). The building laws and codes of the county commission may apply within the corporate limits of any municipality only with the express consent of the governing body of the municipality.
(4) The county commission may employ building inspectors to see that its laws or codes are not violated and that the plans and specifications for buildings are not in conflict with the laws and codes of the county and may exact fees to be paid by the owners of the property inspected.
(5) The county commission, by resolution, may discontinue its administration and enforcement of the building laws and codes. However, the discontinuation shall not take effect until 120 days after the resolution was adopted. The county commission shall provide a copy of the resolution to the board within 10 business days of adopting the resolution.
(d) Utilizing the same authority and procedures as municipalities pursuant to Sections 11-53A-20 to 11-53A-26, inclusive, the county commission may condemn buildings, parts of buildings, or structures dangerous to the public and prohibit the use thereof and abate the same as a nuisance.
(e) The county commissions, municipalities, and other public entities may enter into mutual agreements, compacts, and contracts for the administration and enforcement of their respective building laws and codes. A county commission or municipality shall provide a copy of the mutual agreement, compact, or contract to the board within 10 business days of its execution.
(f) A county commission or municipality shall provide to the board a copy of any resolution, ordinance, or agreement adopted pursuant to Section 11-40-10(b)(2) within 10 business days of its adoption.
(g) Nothing in this section shall be construed to restrict the power of any county or municipality to adopt and enforce local building laws or codes that either comply with or exceed the minimum standards of the Alabama Residential Building Code; provided the local laws or codes are adopted or amended in accordance with this chapter.
(Acts 1992, No. 92-608, p. 1282, §12; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2019-482, §1; Act 2024-443, §2.)
Beginning January 1, 2027, a residential home builder within this state who constructs, renovates, or repairs a residence or structure shall do so in accordance with the applicable residential building code adopted pursuant to Section 34-14A-12 or, if applicable, the local jurisdiction’s residential building code.
(Act 2024-443, §3)
(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.
(Act 2024-443, §3.)
It is the duty of the building official, or other authority charged with the duty, of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county, to refuse to issue a permit for any undertaking which would require a license hereunder unless the applicant has furnished evidence that he or she is either licensed as required by this chapter or is exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, shall report to the board the name and address of any person who, has violated this chapter. Nothing contained herein shall require a builder to pay license fees for subcontractors who will be or were involved in the construction for which the permit is being obtained as a condition of the issuance of a building permit or the issuance of a certificate of occupancy. The builder shall submit to the issuing municipality if requested a list of the subcontractors with correct physical address and phone numbers involved in the construction project within 15 days of the issuance of the building permit. Should the builder add any other subcontractor to the project, the builder will submit the subcontractor’s name, address, and phone number to the municipality within three working days of hiring. An updated list of subcontractors shall be furnished by the builder before the issuance of a certificate of occupancy by the municipality.
(Acts 1992, No. 92-608, p. 1282, §13; Acts 1997, No. 97-250, p. 457, §3; Act 2000-99, p. 121, §1.)
(a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chapter, or who knowingly presents to, or files false information with the board for the purpose of obtaining the license or who violates any law or code adopted by a county commission under this chapter shall be deemed guilty of a Class A misdemeanor.
(b) Upon notice from the board, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, as required by this chapter, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the residential home builder, or to the person doing the work, and shall state the conditions under which work may be resumed.
(c) The board may invoke a complaint procedure against any person who violates this chapter by undertaking or attempting to undertake the business of home building without holding a current and valid residential home builders license issued by the board. Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may resolve the violation by agreement with the residential home builder, may initiate a complaint against the residential home builder, and may levy and collect administrative fines for violations of this chapter or the rules of the board in an amount not to exceed five thousand dollars ($5,000) for each violation.
(d) A residential home builder, who does not have the license required, shall not bring or maintain any action to enforce the provisions of any contract for residential home building which he or she entered into in violation of this chapter.
(e) Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may in its own name petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.
(Acts 1992, No. 92-608, p. 1282, §14; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1; Act 2021-272, §2.)
(a) The board may establish a Homeowners’ Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct result of conduct of a licensee in violation of this chapter or the rules of the board from the Homeowners’ Recovery Fund. Any payments from the Homeowners’ Recovery Fund shall be subject to the following limitations and conditions:
(1) The Homeowners’ Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant to the requirements of subsection (b) of Section 34-14A-8.
(2) The Homeowners’ Recovery Fund shall not make payments based on consent judgments.
(3) Failure of the homeowner to follow any provisions of this chapter shall preclude payment from the Homeowners’ Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of payment from the Homeowners’ Recovery Fund for the following:
(1) Payments for claims based on judgments or settlements against any one licensee.
(2) Payments for claims arising out of the same transaction.
(c) Each licensee shall, on order of the board, pay a fee not to exceed sixty dollars ($60), no more than once a year, per licensee for deposit in the Homeowners’ Recovery Fund. A licensee on inactive status shall not be required to contribute to the Homeowners’ Recovery Fund. The annual Homeowners’ Recovery Fund fee shall be set by the board after considering all expenses incurred by the board in defending, satisfying, or settling any claims paid from the Homeowners’ Recovery Fund.
(d)(1) When a complaint is filed in a court of competent jurisdiction that may result in liability for the Homeowners’ Recovery Fund, the complainant shall notify the board in writing, by certified mail, when the action is commenced.
(2) When the notice is received, the board may enter an appearance, file pleadings, appear at court hearings, and defend or take action it deems appropriate either on behalf and in the name of the defendant or in its own name. The board may seek any appropriate method of judicial review. The board may settle or compromise the claim. Any expenses incurred by the board in defending, satisfying, or settling any claim may be paid from the Homeowners’ Recovery Fund.
(3) When a complainant obtains a valid judgment, excluding consent judgments, in a court of competent jurisdiction against a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim in the court in which the judgment was entered and, on 30 days’ written notice to the board, may apply to the court for an order directing payment out of the Homeowners’ Recovery Fund of the amount remaining unpaid on the judgment.
(4) The court shall proceed on such application and the complainant shall be required to show that:
a. He or she is not the spouse, child, or parent of the debtor, or the personal representative of the spouse, child, or parent or a shareholder, officer, or director of the debtor.
b. He or she has obtained a judgment, as described in this section, stating the amount of the judgment and the amount owing on the judgment at the date of the application, and, that in such action, he or she had joined any and all bonding companies which issued corporate surety bonds to the judgment debtor as principal and all other necessary parties.
c. The following items, if recovered by him or her, have been applied to the actual compensatory damages awarded by the court:
Any amount recovered from the judgment debtor.
Any amount recovered from bonding companies.
Any amount recovered in out-of-court settlements.
(5) The court shall order the Homeowners’ Recovery Fund to pay the sum it finds due, subject to the provisions and limitations of this section.
(e) In the event the board pays from the Homeowners’ Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the board may revoke the license of the licensee and may no longer recognize the experience and ability qualifications of the individual licensee or the qualifying representative of the licensee for licensing purposes. The board may refuse to issue a new license to the former licensee or to recognize the experience and ability qualifications of the individual former licensee or the former licensee’s qualifying representative until the former licensee or the former licensee’s qualifying representative has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the Homeowners’ Recovery Fund. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.
(f) If the balance in the Homeowners’ Recovery Fund is insufficient to satisfy a duly authorized claim or portion of a claim, the board shall, when sufficient money has been deposited in the Homeowners’ Recovery Fund, satisfy the unpaid claims in the order that the claims were filed.
(g) The sums received by the board, pursuant to the provisions of this section, shall be deposited into the State Treasury and held in a special fund to be known as the Homeowners’ Recovery Fund, and shall be held by the board in trust for carrying out the purposes of the Homeowners’ Recovery Fund. These sums may be invested by the State Treasurer in any investments which are legal under the laws of this state. Any interest or other income from investments of the Homeowners’ Recovery Fund shall be deposited into the Homeowners’ Recovery Fund.
(h) When, on order of the court, the board has paid from the Homeowners’ Recovery Fund any sum, the board shall be subrogated to all the rights of the judgment creditor, and all his or her rights, title, and interest in the judgment, to the extent of the amount paid from the Homeowners’ Recovery Fund, shall be assigned to the board. Any amount and interest recovered by the board on the judgment shall be deposited into the Homeowners’ Recovery Fund.
(i) The limitations and conditions of payment from the Homeowners’ Recovery Fund, as established by Act 2002-72, shall not apply in any case where, prior to May 1, 2002, a complainant has obtained a valid judgment in a court of competent jurisdiction against a licensee on the grounds set out in this chapter.
(Acts 1992, No. 92-608, p. 1282, §15; Acts 1997, No. 97-250, p. 457, §3; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1.)
[Repealed]
Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006.
(Acts 1992, No. 92-608, p. 1282, §16; Act 2002-72, p. 163, §1.)
The Home Builders Licensure Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the State Board of Medical Examiners.
(Acts 1992, No. 92-608, p. 1282, §17.)
(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.
(Act 2006-105, p. 136, §2.)
THIS SECTION WAS AMENDED BY ACT 2026-320, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
Prior to the commencement of residential home building by a residential home builder, the residential home builder shall disclose in writing to the homeowner whether the residential home builder has obtained and is currently maintaining liability insurance. The written disclosure shall be signed by the residential home builder and the homeowner, and attested by one witness selected by the homeowner. Failure of a residential home builder to comply with this section is a violation of this chapter and punishable by the board pursuant to Section 34-14A-8.
(Act 2018-398, §1.)
(a)(1) The Alabama Construction Trade Academy Fund is established in the State Treasury. The fund may receive federal, state, and private funding and grants for the expansion of construction trade education. To the extent practicable, monies in the fund shall be used to leverage other forms of funding from private sources. The board may not use any monies in the fund for administrative and operational costs. Any obligation of the board provided pursuant to this section shall be contingent upon the appropriation of funding. Amounts deposited in the fund shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41. Monies in the fund at the end of a fiscal year shall not revert to any source but shall remain in the fund.
(2) The board shall itemize monies deposited into the fund as provided in Section 11-107-6 by the county or municipality from which it originated.
(b)(1) The board, in cooperation with public and private sector partners, shall establish a grant program to provide funding mechanisms for tool grants, program incentives, supplies, mobile facilities, and other programs to support the development and continuation of construction trade education programs in the state.
(2) The board may award grants to programs recognized by the Alabama Home Builders Foundation as a part of the Alabama Homebuilding Academy Network.
(c) The board shall administer the program and may apply for funds from federal grant programs and other applicable funding sources authorized by law.
(d)(1) The Alabama Construction Trade Advisory Council is established. The advisory council shall consist of the following members:
a. One member appointed by and currently serving on the Home Builders Licensure Board.
b. One member appointed by and currently serving on the State of Alabama Plumbers and Gas Fitters Examining Board.
c. One member appointed by and currently serving on the State Board of Heating, Air Conditioning, and Refrigeration Contractors.
d. One member appointed by and currently serving on the Alabama Board of Electrical Contractors.
e. One appointee of the Alabama Community College System who specializes in technical trade education.
(2) Members of the advisory council shall be appointed for a period of three years. Membership on the advisory council shall be without compensation, except for reimbursement of necessary travel expenses as is paid to state employees for attending meetings and other necessary events of the advisory council. Any expenses paid to a member of the advisory council shall be paid by the member’s appointing authority.
(3) The appointing authorities shall coordinate their appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(e) In consultation with the advisory council, the board shall establish program guidelines, promote the program statewide, evaluate applications for funds, distribute funds, and monitor and report the effect of the funding on the availability of construction trade education. The board may adopt rules to implement and administer this section.
(f) In consultation with the advisory council, the board shall establish monitoring and accountability mechanisms for funded projects. Not later than the fifth legislative day of each regular legislative session, the board shall file a report to the Legislature on the projects funded, the geographic distribution of projects funded, the private sector participation rates in funded projects, the administrative costs of the program, and the outcomes of the program, including the number of students and adult learners trained by each project funded through the program.
(g) In consultation with the advisory council, the board shall create eligibility guidelines and provide project funding through an application process. Projects eligible for funding include the following:
(1) Mobile demonstration units that show the various systems of a structure and how they interconnect.
(2) Tool and supply grants for public and private educational providers that provide construction trade education.
(3) Incentives for newly established construction trade education courses, with priority given to carpentry courses.
(4) Adult education initiatives that provide continued learning opportunities through mobile training facilities or distance learning opportunities with priority focus on those serving underserved areas and widely offered trainings.
(5) Any other proposal that in the opinion of the board would address the need for construction trade education in the state.
(h) An applicant for funding shall do all of the following:
(1) Demonstrate its capacity to successfully implement the proposal.
(2) Demonstrate how the proposal shall positively impact construction trade education in the state.
(3) Demonstrate private sector support through matching funding.
(4) Establish an advisory council consisting of at least three active trade representatives from the construction trade being funded.
(5) For a period of not less than five years, agree to comply with the following conditions:
a. Offer the courses funded through this section for a period of not less than five years.
b. Comply with all data collection and reporting requirements established by the board.
(i) In determining which qualified projects to fund, the board shall consider all of the following factors:
(1) The level of private sector support for the project.
(2) The level of need in the area in which the funding is directed.
(3) The projected number of students that will be served.
(4) The degree to which the project will have a positive impact on the availability of construction trade education in the area to be served.
(5) The degree to which the project will leverage public and private sector funds.
(j) The board shall not award funds to a recipient in an amount that is greater than the amount deposited into the fund from the county or municipalities where the participant is domiciled, as provided in Section 11-107-6, unless the board has received authorization from the Alabama Home Builders Foundation.
(k) The board shall distribute monies to a recipient on no less than a quarterly basis.
(l)(1) The board may not distribute any monies from the fund to a recipient unless the board has received a proposed operating budget of the recipient. The annual operating budget shall include a breakdown of all anticipated operational costs and projected workforce programs to be provided.
(2) If a recipient of funding provided by this section fails to provide the proposed project in accordance with the guidelines set by the board, any equipment, supplies, or materials acquired with the funding shall be transferred to the Alabama Home Builders Foundation for redistribution to public or private programs that provide construction trade education to high school, postsecondary, or adult learners supported by this section.
(m) All proceeds from the sale of equipment, supplies, or materials acquired with monies from the fund shall be deposited into the fund.
(n)(1) No later than June 1 annually, any recipient of funds authorized by this section shall provide to the board a report on the programs and activities of the academy and a full copy of all annual financial statements prepared by an independent certified public accountant licensed in this state, including any audits that may have been performed during the previous year.
(2) At its discretion and without cause, the board may require any recipient of funds authorized by this section to an audit.
(o) Funds collected pursuant to this section may not be used to develop or provide continuing education required by any professional licensing board, commission, or agency within this state.
(Act 2019-482, §2; Act 2024-443, §2; Act 2025-398, §3.)
(a)(1) The Alabama Residential Building Code Division is established within the Home Builders Licensure Board. The executive director of the board may employ staff as necessary to carry out the duties of the division.
(2) The board may coordinate with the state energy office to identify and apply for funds from federal grant programs and other applicable funding sources authorized by law.
(b) The division shall be responsible for taking action upon any and all recommendations made by the Alabama Residential Building Code Advisory Council and ratified by the board for the furtherance of its statutory purpose.
(Act 2024-443, §4.)
The executive director of the board may employ staff necessary to carry out the duties of the division, including a division administrator, programs support personnel, administrative support personnel, and any other personnel necessary to carry out the statutory purpose of the division for the administration and implementation of the Alabama Residential Building Code.
(Act 2024-443, §4.)
(a) The division shall use funds distributed to the Alabama Residential Building Code Fund for the purpose of administering the Alabama Residential Building Code.
(b) Subject to availability of funds and upon request from a local jurisdiction, the division shall provide matching funds to local jurisdictions that have also applied for funds from federal grant programs and other applicable funding sources authorized by law to support local adoption and implementation of the Alabama Residential Building Code.
(c) The division shall work with the State Energy Office to ensure that all applicable federal regulations regarding the residential energy code are met.
(Act 2024-443, §4.)
(a) The Alabama Residential Building Code Fund is established within the State Treasury. The fund shall be administered by the board for the administration and operation of the division.
(b) 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 executive director of the board.
(c) 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 appropriation acts, or this section.
(d) At the end of each fiscal year, any unencumbered balance of up to 25 percent of the amount appropriated for that fiscal year shall not revert to the State General Fund under Section 41-4-93, but shall carry over to the next fiscal year within the Alabama Residential Building Code Fund, and any unencumbered balance over 25 percent of the amount appropriated for that fiscal year shall revert to the State General Fund.
(Act 2024-443, §4.)
(a) The Alabama Residential Building Code Advisory Council is established.
(b) The council shall consist of the following members:
(1) The State Fire Marshal, or his or her designee.
(2) The Director of the Emergency Management Agency, or his or her designee.
(3) The Executive Director of the Home Builders Licensure Board, or his or her designee.
(4) One member appointed by the Home Builders Licensure Board.
(5) One member appointed by the State Board of Heating, Air Conditioning, and Refrigeration Contractors.
(6) One member appointed by the State of Alabama Plumbers and Gas Fitters Examining Board.
(7) One member appointed by the Governor to represent the private, investor-owned, electric utility industry.
(8) One member appointed by the Governor to represent the natural gas industry.
(9) One member appointed by the Governor to represent the property and casualty insurance industry.
(10) One member appointed by the Governor to represent the consumers of the state.
(11) One member appointed by the American Council of Engineering Companies of Alabama.
(12) One member appointed by the Alabama League of Municipalities.
(13) One member appointed by the Association of County Commissions of Alabama.
(14) One member appointed by the Alabama Council of the American Institute of Architects.
(15) One member appointed by the Home Builders Association of Alabama.
(16) One member appointed by the Code Officials Association of Alabama.
(17) One member appointed by the Alabama Rural Electric Association of Cooperatives.
(c) Membership of the council shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.
(d) Each member shall be appointed for a six-year term, with initial terms to begin January 1, 2025, and may be reappointed for one second six-year term.
(Act 2024-443, §5.)
(a) The first meeting of the council shall be called by the executive director of the board no later than March 1, 2025. The executive director shall preside until a chair and a vice chair are selected by the council. The council shall elect from its own members a chair, a vice chair, and other officers as it may deem desirable.
(b) The council shall hold meetings at the call of the chair of the council to propose a recommended Alabama Residential Building Code to the Home Builders Licensure Board. Thereafter, the council shall meet from time to time, at the call of the chair of the council or at the request of the executive director of the board, to consider updates and amendments to the code. Meetings shall be held at a time and place as designated or specified in its rules.
(c) A majority of the members of the council shall constitute a quorum at all of its meetings, and adoption or resolution of any business shall require the concurrence of a majority of all members of the council. An agenda for the meetings in sufficient detail to indicate the terms on which final action is contemplated shall be submitted by the administrator to the chair, vice chair, and council members prior to the meeting.
(d) All meetings of the council shall be held in accordance with the Alabama Open Meetings Act, Chapter 25A of Title 36.
(e) The administrator of the Alabama Residential Building Code Division shall serve as ex officio secretary of the council, keep a record of the proceedings of all council meetings, and perform other duties as may be directed by the council.
(f) The council may establish committees among its membership, as it deems necessary, to assist in the conduct of its business.
(Act 2024-443, §5.)
(a) By October 1, 2025, the council shall submit to the Home Builders Licensure Board for adoption the proposed Alabama Residential Building Code. The board may adopt or reject the code as proposed by the council.
(b) The proposed Alabama Residential Building Code, and any subsequent amendment to the code, shall be based upon a published edition of the Alabama Energy and Residential Code as adopted and amended from the International Residential Code (IRC) and the International Energy Conservation Code (IECC). Subsequent recommendations for adoptions or amendments to the Alabama Residential Building Code shall be based upon published editions of the IRC and IECC. In addition, the council shall take into consideration provisions for sealed roof decks and related roof construction standards contained in either the Coastal Construction Code Supplement or the Inland Construction Code Supplement as well as standards related to energy efficiency pertaining to residential construction.
(c) The council shall make recommendations with respect to all matters pertaining to the implementation of the Alabama Residential Building Code.
(d) When adopted by the board, recommendations of the council shall be administered by the division.
(Act 2024-443, §5.)
At the direction of the board, the council may perform any of the following:
(1) Propose to the board for consideration of adoption of an Alabama Residential Building Code and Alabama Residential Energy Code or amendments to the codes.
(2) Evaluate, assess, advise, and counsel the division on the Alabama Residential Building Code and Alabama Residential Energy Code and the impact of the codes upon the economy and the environment.
(3) Solicit and enlist the cooperation of all appropriate private-sector and community-based organizations to implement this article.
(4) Make continuing studies, evaluations, and surveys, upon the request of the board, of the needs and impacts of the Alabama Residential Building Code and Alabama Residential Energy Code.
(5) Adopt rules for the conduct of the council meetings, procedures, and execution of the purpose, functions, powers, and duties delegated to it by this section.
(6) Conduct a program of public information in order to inform the units of local government, residential home builders, and the residents of the state on the importance of the residential building and energy codes.
(7) The council shall work with the state energy office to review applicable federal regulations regarding the residential energy codes and any amendments thereto, and upon notification of any applicable federal regulation or law, consider and review the most recent published version of the Alabama Residential Building Code and Alabama Residential Energy Code.
(Act 2024-443, §5.)
This chapter shall be known and may be cited as “The Alabama Home Inspectors Registration Act.”
(Acts 1996, No. 96-574, p. 883, §1.)
The following words shall have the following meanings:
(1) BUILDING COMMISSION. The Building Commission established pursuant to Article 6, commencing with Section 41-9-140, Division 1, Chapter 9, Title 41.
(2) EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) INSPECTOR. A person who engages in the business of performing inspections of exterior insulation and finish systems for compensation and who, in the pursuit of that independent business, undertakes or offers to undertake, or submits a bid to, or contracts or undertakes to inspect, or assumes charge of, in a supervisory capacity or otherwise, or inspects the condition of or the installation of EIFS on a private, commercial, or other building on behalf of another person.
(3) HOME INSPECTOR. A person who engages in the business of performing home inspections for compensation and, who, in the pursuit of that independent business, undertakes or offers to undertake, or submits a bid to, or contracts or undertakes to inspect, or assumes charge, in a supervisory capacity or otherwise, or inspects the condition of, the construction of or erection of a private residence on behalf of another person.
(4) PERSON. Any natural person, limited or general partnership, association, corporation, or other legal entity, or any combination thereof.
(5) RESIDENCE. Any dwelling, from one to four units in design intended principally for residential purposes by one or more individuals.
(Acts 1996, No. 96-574, p. 883, §2; Act 2002-517, p. 1331, §1.)
(a) An applicant for licensure as a home inspector shall submit an application, under oath, upon a form to be prescribed by the Building Commission which shall include, as a minimum, the following information pertaining to the applicant:
(1) Social Security number for natural persons or employer identification number for other entities.
(2) The name and address under which the applicant conducts business, if an individual proprietorship; the name and address of each partner or venturer, if the applicant is a partnership or joint venture; or the name and address of the corporate officers and statutory agent for service, if the applicant is a corporation.
(3) A certificate issued by an insurance company licensed to do business in the State of Alabama that the applicant has procured public liability and property damage insurance covering the applicant’s home inspection operations in the sum of not less than twenty thousand dollars ($20,000) for injury or damage to property; and fifty thousand dollars ($50,000) for injury or damage, including death, to any one person; and one hundred thousand dollars ($100,000) for injury or damage, including death, to more than one person; or at any greater limits of liability prescribed by the Building Commission; and, in addition, evidence of insurance against the errors and omissions of the home inspector in an amount and form to be prescribed by the Building Commission.
(4) Evidence of one of the following professional qualifications:
a. Membership in and adherence to the ethical standards of the American Society of Home Inspectors, Inc. (ASHI) or an equivalent professional body as determined by the Building Commission.
b. Approval or certification by one of the following agencies to inspect residential construction:
The United States Veterans Administration.
The United States Department of Housing and Urban Development.
The Southern Building Code Congress International.
The Council of American Building Officials.
c. A high school diploma or its equivalent, work experience for at least one year as a home inspector, and completion of at least 100 home inspections for compensation.
d. Licensure on or after January 1, 1998, in Alabama as a general contractor, registered professional architect, registered professional engineer, or residential home builder. Renewals of licensure previously supported by evidence of an acceptable license shall not require the applicant to repeat proof of such licensing.
(5) Any and all other information prescribed and required by the Building Commission.
(b) The information contained in an application shall be a matter of public record and open to public inspection.
(Acts 1996, No. 96-574, p. 883, §3; Act 2002-517, p. 1331, §1.)
(a) The certificate of licensure shall be initially issued only to properly qualified home inspectors for a period commencing on the date of issue and expiring on December 31. Certificates of licensure shall be renewed for a term of one year beginning on January 1 of the year in which renewed and expiring on December 31 of that year. Certificates of licensure shall be renewed on or before 60 days prior to the expiration date. The Building Commission shall issue certificates of licensure to applicants upon applicants’ compliance with the licensure requirements of this chapter, and records of certificates and any renewals thereof shall be filed in the office of the Building Commission and be available to the public.
(b) The Building Commission may adopt administrative rules and procedures for the purpose of revoking or suspending a certificate of licensure upon a finding by the Building Commission that the licensed home inspector has either provided false information in an application or has violated the Standards of Practice or Code of Ethics promulgated by the Building Commission. The Building Commission may also impose fines for violations of this chapter. Administrative hearings held for the purpose of revoking a certificate of licensure may proceed where initiated by an aggrieved party to a transaction involving a licensed home inspector or by the Attorney General or at the initiation of the Building Commission. All proceedings for the revocation or suspension of the license of a home inspector shall otherwise proceed in accordance with the Alabama Administrative Procedure Act.
(Acts 1996, No. 96-574, p. 883, §4; Act 2002-517, p. 1331, §1.)
(a) Effective November 1, 2002, a certificate of licensure or renewal of licensure shall not be issued by the Building Commission to any applicant for licensure as a home inspector who has not demonstrated through a written examination process that he or she possesses an appropriate understanding of the Standards of Practice and the Code of Ethics promulgated by the Building Commission pursuant to this chapter as well as an adequate knowledge of performing home inspections.
(b) The Building Commission may enter into contacts and prescribe specifications for the conduct of testing required by this chapter. The Building Commission may also promulgate rules and procedures pursuant to the Alabama Administrative Procedure Act for the purpose of implementing this chapter.
(Act 2002-517, p. 1331, §2.)
The applicant shall pay to the Building Commission a registration or renewal fee of three hundred dollars ($300) per calendar year; provided, however, that the registration or renewal fee may be adjusted by the Building Commission as may be necessary to cover the costs and expenses of performing the duties of the Building Commission as required by this chapter, it being intended that the registration and renewal fees shall not produce a profit to the State of Alabama. Prior to any adjustment to the registration or renewal fee, the Building Commission shall certify to the Legislative Council of the Legislature that the adjustment is necessary in order to comply with the provisions of this chapter. All moneys received by the Building Commission pursuant to this chapter shall be used to administer this chapter.
(Acts 1996, No. 96-574, p. 883, §5; Act 2002-517, p. 1331, §1.)
There is hereby created in the State Treasury a fund to be known as the Alabama Home Inspectors Registration Fund. All funds, fees, charges, costs, and collections accruing to or collected by the Building Commission under the provisions of this chapter shall be deposited into the State Treasury to the credit of this fund and no funds shall be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or this chapter.
(Acts 1996, No. 96-574, p. 883, §6; Act 2002-517, p. 1331, §1.)
No person shall advertise as a home inspector unless the person has complied with the provisions of this chapter. No person who is registered under one name as provided in this chapter shall engage in business as a home inspector under any other name unless the other name is also registered. All advertisements, contracts, correspondence, and other documents prepared by a home inspector shall indicate the home inspector’s registration number, name, and address as registered pursuant to this chapter.
(Acts 1996, No. 96-574, p. 883, §8.)
In the event that the insurance coverage required pursuant to this chapter shall cease to be effective, the home inspector shall notify the Building Commission, and the registration of the affected home inspector shall be suspended until the insurance is reinstated or replaced. The insurance company ceasing to provide coverage for the home inspector shall be requested to notify the Building Commission of the policy cancellation when the original certificate of insurance is issued.
(Acts 1996, No. 96-574, p. 883 §9; Act 2002-517, p. 1331, §1.)
(a) Any person who undertakes or attempts to undertake the business of home inspection without first having been licensed as required by this chapter, or who knowingly presents or files false information with the Building Commission for the purpose of licensure as a home inspector or knowingly violates the Alabama Home Inspectors Code of Ethics or Alabama Home Inspectors Standards of Practice as promulgated by the Building Commission shall be deemed guilty of a Class A misdemeanor.
(b) A person who has failed to be licensed pursuant to this chapter shall not bring an action to enforce the provisions of any contract to provide home inspections which he or she entered into in violation of this chapter.
(Acts 1996, No. 96-574, p. 883, §10; Act 2002-517, p. 1331, §1.)
Where the Alabama Home Inspectors Registration Act contains a provision relating specifically to home inspectors, such provision shall be made applicable to inspectors of Exterior Insulation and Finish Systems (EIFS) except as to the following:
(1) Applicants for licensure as an EIFS inspector shall complete a separate application prescribed by the Building Commission demonstrating evidence of the same requirements of Section 34-14B-3, except as to the provisions of subdivisions (3) and (4) of subsection (a) of that section, and shall demonstrate evidence of licensure as an EIFS inspector by the Exterior Design Institute or an equivalent professional body as determined by the Building Commission in lieu of the successful completion of an examination required of home inspectors pursuant to Section 34-14B-4.1.
(2) A separate certificate of licensure for EIFS inspectors shall be issued by the Building Commission upon the applicant’s having met the requirements of this section.
(3) An EIFS inspector shall only be required to comply with the Standards of Practice and Code of Ethics specifically made applicable to EIFS inspectors in the rules promulgated by the Building Commission.
(Act 2002-517, p. 1331, §3.)
As used in this chapter, the following terms shall have the following meanings:
(1) BOARD. The Board of Home Medical Equipment as established by this chapter.
(2) HOME MEDICAL EQUIPMENT. Medical devices usable in a residential setting, as defined in regulations established by the board.
(3) HOME MEDICAL EQUIPMENT SERVICES. The advertisement, sale, rental, delivery, installation, maintenance, replacement of, or instruction in the use of medical equipment and related supplies used by a sick or disabled individual to allow that individual to obtain care or treatment and be maintained in a residential setting.
(4) HOME MEDICAL EQUIPMENT SERVICES PROVIDER. A corporation, other business entity, or person engaged in the business of providing home medical equipment services, either directly or through a contractual arrangement, to an unrelated sick or disabled individual in the residence of that individual.
(Act 2000-739, p. 1619, §1; Act 2014-172, p. 489, §1.)
(a) The Governor shall appoint a minimum of nine persons to serve on the Board of Home Medical Equipment, such persons to include a majority who are employed in the home medical equipment industry, and at least one person from each of the following categories: A consumer of home medical equipment services, a physician, a representative from the acute-care hospital community, and a representative from the home health agency community. Those persons employed in the home medical equipment industry shall be selected from a list submitted by the Alabama Durable Medical Equipment Association, or its successor. The consumer member shall be selected from a list of names submitted by the Governor’s Office on Disability, or its successor. The physician member shall be selected from a list of names submitted by the Medical Association of Alabama, or its successor. The acute-care hospital community member shall be selected from a list submitted by the Alabama Hospital Association, or its successor. The home health agency community member shall be selected from a list of names submitted by the Home Care Association of Alabama, or its successor. All lists submitted for nominations shall include at least two names for each appointed position to be filled. Board members shall each be citizens of this state and shall have no record of sanctions related to fraud under federal or state law. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) The initial members appointed to the board shall serve for terms of three to five years, with one-third of the board being replaced each year, beginning in year four. Thereafter, subsequent appointments shall be for a term of four years. No member shall serve more than two consecutive terms of office. An appointment shall end on October 1, four years from the date of the last term, and each member shall hold office until his or her successor is appointed by the Governor.
(c) Members of the board shall not be entitled to compensation for service, but shall be reimbursed for reasonable travel and meeting expenses, according to a budget developed and approved by the board.
(d) The board shall have the responsibility for creating, establishing, maintaining, and enforcing regulations governing the operation of home medical equipment services providers, including the qualifications of inspectors, the nature of inspections, and the process for appeals.
(e) Whenever a vacancy occurs on the board due to the death or resignation of a currently appointed board member, or other like cause, the vacancy shall be filled by appointment by the Governor for the remainder of the unexpired term of the member, as provided under subsection (b). If a vacancy occurs among those members who are employed in the home medical equipment industry, the appointment shall be made from a list submitted by the Alabama Durable Medical Equipment Association or its successor.
(f) At the request of the board, the Governor may remove a member for failing to attend three consecutive and properly noticed meetings. The Governor may also remove a board member for any of the following reasons:
(1) Misfeasance.
(2) Malfeasance.
(3) Neglect of duty.
(4) Conviction of a felony.
(5) Permanent inability to perform official duties.
(g) The board may hire personnel necessary to carry out the provisions of this chapter. With the exception of the executive director, all personnel shall be subject to the provisions of the state Merit System Act.
(h) The board shall adopt a seal, which shall be affixed to all licenses issued by the board, and shall have all other powers necessary and proper for performing official duties.
(i) The board may establish and charge reasonable fees relating to the administration and enforcement of this chapter including, but not limited to, application, processing, copying, mailing, filing, and other fees as necessary to offset costs.
(j) Absent negligence, recklessness, wantonness, or deliberate misconduct, members of the board are immune from liability for all good faith acts performed in the exercise of their duties as members of the board.
(Act 2000-739, p. 1619, §2; Act 2010-148, §3; Act 2014-172, p. 489, §1.)
(a) The board shall adopt regulations that specify the medical equipment to be included in this chapter, set standards for the licensure of entities which provide home medical equipment services, and govern the safety and quality of home medical equipment service providers.
(b) All home medical equipment services providers shall:
(1) Comply with all applicable federal and state laws and regulations governing the safety of home medical equipment services provider facilities and delivery vehicles, the safety and quality of home medical equipment, and the safety, quality, and effectiveness of home medical equipment service procedures.
(2) Comply with any additional standards and testing requirements, as duly promulgated by the board and required for licensure.
(Act 2000-739, p. 1619, §3; Act 2014-172, p. 489, §1.)
(a) Except as otherwise provided in this chapter, a home medical equipment services provider shall be licensed annually by the board before the provider may engage in the provision of home medical equipment services. In Alabama, when a single business entity provides home medical equipment services from more than one location within the state, each such location shall be licensed. A provider of home medical equipment services that has a principal place of business outside this state shall maintain at least one physical location within this state, each of which shall be licensed.
(b) A license applicant shall submit the application for licensing or renewal to the board on a form promulgated and required by the board. Applicants shall pay a reasonable nonrefundable fee established by the board at the time the application is submitted. The board shall have the authority to set reasonable fees for applicants to obtain a license. Upon satisfaction of all applicable standards and requirements for licensure, the board shall issue a license certificate permitting the licensee to engage in providing home medical equipment services. The certificate shall be displayed prominently at each licensed location. No person, partnership, corporation, or other legal entity that is not otherwise exempted under this chapter shall provide home medical equipment services without first obtaining a license issued by the board.
(c) Accreditation by the Joint Commission on Accreditation of Healthcare Organizations, the Community Health Accreditation Program, or other accrediting entities shall not be substituted for compliance with this chapter.
(d) Commencing on June 1, 2014, licenses issued pursuant to this chapter shall expire on August 31 of the year following issuance. A license may be renewed within the 60-day period after August 31 upon payment of both the required fee and a late fee as established by rule of the board. Any license that is not renewed before the end of the 60-day grace period shall lapse. A lapsed license may not be renewed unless the holder reapplies and satisfies then current requirements for initial licensure.
(e) License applicants who, upon initial inspection, are found not to comply with applicable licensing standards, shall be notified by the board of the areas of noncompliance and shall be reinspected for compliance upon application and payment of a reasonable reinspection fee established by the board of up to three hundred dollars ($300).
(f) Except as provided in this chapter, the board may inspect all license applicants to determine compliance with the requirements of this chapter prior to the issuance of a license.
(g) The board may conduct random inspections upon application for renewal of a license, for cause, and as necessary to ensure the integrity and effectiveness of the licensing process.
(h) At any time upon the filing of a substantive, relevant complaint of a consumer of services or other qualified source as identified by the board, the board may inspect the operations of the provider to determine compliance with the requirements of this chapter.
(i) The board shall adopt and maintain standards for the individuals charged with conducting the inspections for the purpose of determining compliance with the requirements of this chapter. Board employees or contractors may conduct inspections.
(j) Upon notice of a failure to pass an inspection and obtain a license, a provider shall have 30 days to appeal the inspection results or be subject to penalties pursuant to Section 34-14C-6. Upon appeal, a provider shall have the right to an inspection review or a new inspection in accordance with procedures promulgated by the board.
(Act 2000-739, p. 1619, §4; Act 2004-441, p. 777, §1; Act 2014-74, p. 121, §3; Act 2014-172, p. 489, §1.)
The Board of Home Medical Equipment may establish by rule, and charge and collect, reasonable inspection fees pursuant to the Alabama Administrative Procedure Act.
(Act 2002-95, p. 308, §3; Act 2014-172, p. 489, §1.)
The licensure requirements of this chapter do not apply to the following entities or practitioners:
(1) Home health agencies certified by the State of Alabama to participate in the Medicare and Medicaid programs.
(2) Hospital based home medical equipment services, whether or not the services are provided through a separate corporation or other business entity.
(3) Health care practitioners legally eligible to order or prescribe home medical equipment, or who use home medical equipment to treat patients in locations other than the patient’s residence, including, but not limited to, physicians, nurses, physical therapists, respiratory therapists, speech therapists, occupational therapists, optometrists, chiropractors, and podiatrists, except for those practitioners, other than a licensed physician practicing medicine, who provide home medical equipment services in a patient’s residence.
Nothing in this chapter shall be construed as prohibiting or restricting a licensed physician who is practicing medicine, nor shall anything in this chapter be construed as requiring a physician practicing medicine, to be licensed as a home medical equipment services provider.
(4) Manufacturers and wholesale distributors, when not selling directly to a patient.
(5) Retail community pharmacies, including providers of home infusion therapy services.
(6) Hospice programs, except programs which provide home medical equipment services, including delivery to a patient’s residence.
(7) Skilled nursing facilities, except facilities which provide home medical equipment services, including delivery to a patient’s residence.
(8) Governmental agencies, including fire districts which provide emergency medical services, and contractors to governmental agencies whose business deals only with the contracted agency.
(9) Mail order companies, as defined by rule of the board.
(10) Out-of-state providers of home medical equipment and services provided in accordance with state or federal law or regulation to Alabama Medicaid recipients.
(11) A provider of home medical equipment or services that manufactures and distributes its own company-branded power operated or durable insulin infusion pumps or continuous glucose monitors and related supplies.
(Act 2000-739, p. 1619, §5; Act 2014-172, p. 489, §1; Act 2015-372, §1; Act 2015-445, §1.)
(a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board and with prior notice and opportunity for hearing in accordance with this chapter and the Alabama Administrative Procedure Act.
(c) The board may institute a hearing for denial, suspension, or revocation of a license or any person may file a written complaint with the board seeking the denial, suspension, or revocation of an application for licensure or license issued by the board or the investigation of any unlicensed person or entity providing home medical equipment services. The complaint shall be in a form prescribed by the board.
(d) A copy of the charges, including notice of the time and place of hearing, shall be served by certified mail, return receipt requested, at least 21 days before the scheduled hearing date to the most recent address of the applicant or licensee on file with the board, or to the last known address of any unlicensed person or entity providing home medical equipment services. If the notice and opportunity for hearing is refused or the return receipt has not been received by the board within 10 days before the scheduled hearing, the applicant, licensee, or unlicensed person or entity may be served by mailing the charges and notice by first class mail, at least seven days before the hearing date, to the most recent address on file with the board, or to the last known address of the unlicensed person or entity providing home medical equipment services.
(e) The board may invoke disciplinary action as outlined in subsection (f) whenever it is established to the satisfaction of the board, after a hearing held in accordance with this chapter and the Alabama Administrative Procedure Act, that any person is guilty of any of the following acts:
(1) Violation of this chapter or a rule of the board.
(2) Making a material misrepresentation in furnishing information to the board.
(3) Making a misrepresentation to obtain licensure or to otherwise violate this chapter.
(4) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States, or any state or territory of the United States, or to any crime that is a misdemeanor, if an essential element of the crime is dishonesty or is directly related to providing home medical equipment services.
(5) Gross negligence or gross misconduct in providing home medical equipment services.
(6) Aiding, assisting, or willingly permitting another person to violate any provision of this chapter or rule of the board.
(7) Failing, within 30 days, to provide information in response to a written request of the board.
(8) Failing to cooperate with an inspection or with an investigation conducted by the board.
(9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(10) Denial, revocation, suspension, or restriction of a license in another state or jurisdiction to provide home medical equipment services for a reason other than failure to renew the license.
(11) Directly or indirectly giving to or receiving from any person, partnership, corporation, or other legal entity any fee, commission, rebate, or other form of compensation for services not actually or personally rendered.
(12) A finding that a licensee on probationary status has violated the terms of the probation.
(13) Willfully making or filing false records, reports, or billings in the course of providing home medical equipment services including, but not limited to, false records, reports, or billings filed with state or federal agencies or departments.
(14) The use of any words, abbreviations, figures, or letters with the intention of indicating practice as a home medical equipment services provider without having first obtained a license from the board.
(15) Failure to comply with state or federal laws and regulations concerning home medical equipment services providers.
(16) Solicitation of home medical equipment services using false or misleading advertising.
(17) Failure to display a license in accordance with this chapter.
(18) Failure to report a change of name, address, control, ownership, or administration to the board within 30 days after the date of change.
(f) When the board finds any person guilty of any of the grounds set forth in subsection (e), the board may enter an order imposing one or more of the following penalties:
(l) A letter of reprimand.
(2) Imposition of probation for a period of time and subject to such conditions as may be prescribed by the board.
(3) Denial of an application for an initial or renewal license.
(4) Suspension of a license for a period of time established by the board, with or without automatic reinstatement.
(5) Revocation of a license.
(6) Payment of restitution to each consumer negatively affected by the prohibited act. Proof of such restitution shall be a signed and notarized release executed by the consumer or the estate of the consumer.
(7) Assessment of the costs of the disciplinary proceedings.
(g) Failure to comply with any final order of the board is also cause for suspension or revocation of a license. The board may suspend or revoke any license which has been issued based on false or fraudulent representations.
(h) The board may informally resolve any alleged violation of this chapter or rule of the board by stipulation, agreed settlement, or consent order, in lieu of an administrative hearing.
(i) Any entity or person found to be providing home medical equipment services without a license as required by this chapter shall be subject to an administrative fine of up to one thousand dollars ($1,000) per day that services were provided without a license. Funds collected pursuant to this chapter shall be allocated to the administration of the program.
(j) Any entity or person found to be providing home medical equipment services without a license as required by this chapter may be administratively enjoined by the board from providing services until such time as the entity or person complies with this chapter.
(k) In addition to any other disciplinary action authorized by this chapter, the board may levy and collect administrative fines for violations of this chapter or the rules or standards of the board in an amount of up to one thousand dollars ($1,000) for each violation.
(l) Any person or entity violating this chapter, upon conviction, shall be guilty of a Class A misdemeanor, and subject to fine or imprisonment, or both.
(m) Any entity or person subject to the penalties prescribed by subsections (i) and (j) may pursue an appeal through the board according to rules promulgated by the board.
(n) Any hearings related to matters before the board shall be conducted in Montgomery County.
(o) In addition to any other penalty or disciplinary action authorized by this chapter, the board may seek an injunction against any person or entity found in violation of this chapter. In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs. No civil penalty shall be awarded to the board if an administrative fine is assessed pursuant to subsection (i).
(p) Upon the revocation or suspension of a license, the licensee shall immediately surrender the license to the board, and if the licensee fails to do so, the board may seize the license.
(q) Any person aggrieved by an adverse action of the board may appeal the action to the Circuit Court of Montgomery County in accordance with the Alabama Administrative Procedure Act.
(Act 2000-739, p. 1619, §6; Act 2004-441, p. 777, §1; Act 2014-172, p. 489, §1.)
There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Home Medical Equipment Fund. All receipts collected by the board under the provisions of this chapter are to be deposited into this fund and shall be used only to carry out the provisions of this chapter. The receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the executive director. 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 bill or other appropriations bills.
(Act 2000-739, p. 1619, §7; Act 2004-441, p. 777, §1; Act 2014-172, p. 489, §1.)
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.
(Act 2000-739, p. 1619, §8; Act 2014-172, p. 489, §1.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) HOTEL. Such term includes any establishment where sleeping or sleeping and eating accommodations are advertised or held out to be available to transients, whether such establishment be known as a hotel, apartment hotel, inn, tavern, club, resort, tourist home, tourist court, motel, court, motor court, motor lodge, or by other like term and regardless of the number of rooms, suites, or cabins available, but this term shall not be construed to include apartments, clubs, trailer courts, boardinghouses, rooming houses, or portions thereof where single night accommodations are not advertised or held out to be available.
(2) SAFE DEPOSITORY. Such term includes a safe, vault, safety deposit box, or other depository for the safekeeping of valuables.
(3) VALUABLES or VALUABLE ARTICLES. Such term includes money, jewelry, watches, plate or other things made of gold, silver, or platinum, rare or precious stones, rings, ornaments, and bonds, securities, bank notes or other valuable papers, transportation tickets, or other valuable articles of such description as may be contained in small compass owned or possessed by a guest.
(Code 1867, §1242; Code 1876, §1549; Code 1886, §1327; Code 1896, §2541; Code 1907, §§4540, 7094; Acts 1919, No. 597, p. 845; Code 1923, §§4464, 8316; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §§1, 12; Acts 1959, No. 412, p. 1046, §1.)
This chapter shall operate as, or as a part of or in conjunction with, any rules and regulations affecting hotels provided and promulgated by the State Board of Health for maintaining and protecting the public health.
(Acts 1919, No. 597, p. 845; Code 1923, §4478; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §10; Acts 1959, No. 412, p. 1046, §1.)
The State Committee of Public Health shall make and promulgate reasonable rules and regulations for the purpose of carrying this chapter into effect.
(Acts 1919, No. 597, p. 845; Code 1923, §4477; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §9; Acts 1959, No. 412, p. 1046, §1.)
(a) Every owner, manager, or operator of a hotel shall maintain the physical and sanitary condition of the structure, its equipment, water supply, and human waste disposal and shall conduct the operations thereof in such manner as to render services and accommodations to travelers in compliance with rules and regulations governing hotels and hotel operation adopted by the State Board of Health.
(b) Every owner, manager, or operator of a hotel shall install and maintain in operating condition a battery or electrically operated smoke detector device in each hotel guest sleeping room. The detectors shall have received an approval from a nationally recognized testing organization.
(c) Hotel owners or operators shall be required to test each smoke detector device at least once each quarter of each calendar year to determine if each detector is in working order.
(d) Any person who is convicted, in a court of proper jurisdiction, of tampering with or removing a smoke detector from a hotel room shall be guilty of a Class C misdemeanor as defined by Title 13A.
(e) Hotel owners or operators who are found to be in non-compliance with this section shall be guilty upon conviction of a Class C misdemeanor as defined by Title 13A.
(Code 1907, §7094; Acts 1919, No. 597, p. 845; Code 1923, §4465; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §2; Acts 1959, No. 412, p. 1046, §1; Acts 1981, No. 81-290, p. 372, §§1, 2.)
The State Health Officer is ex officio State Hotel Inspector, and the inspectors of the State Board of Health, or that may hereafter be of the State Board of Health, are ex officio assistant hotel inspectors, and such assistants shall be, in the inspection of hotels as provided for in this chapter, under the exclusive direction and supervision of the State Hotel Inspector.
(Acts 1919, No. 597, p. 845; Code 1923, §4470; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §6; Acts 1959, No. 412, p. 1046, §1.)
The State Hotel Inspector and his or her assistants have police power to enter any hotel at reasonable hours to determine whether the provisions of the rules and regulations of the State Board of Health are being complied with.
(Acts 1919, No. 597, p. 845; Code 1923, §4472; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §7; Acts 1959, No. 412, p. 1046, §1.)
Upon inspecting a hotel, the inspector shall report the condition thereof to the State Hotel Inspector, together with its sanitary score or rating, whereupon, if the score or rating justifies, the State Hotel Inspector shall issue to the operator of the hotel a certificate of inspection, showing the sanitary score or rating. The certificate of inspection shall be kept prominently displayed in the hotel for the information of patrons.
(Acts 1919, No. 597, p. 845; Code 1923, §4468; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §4; Acts 1959, No. 412, p. 1046, §1.)
The State Hotel Inspector, upon ascertaining by inspection or otherwise that any hotel is being operated contrary to the rules and regulations of the State Board of Health, shall notify the owner, manager, agent, or person in charge of such hotel, in writing, in what respect it fails to comply with the regulations and require such person, within a reasonable time to be fixed by the the State Hotel Inspector, to do, or cause to be done, the things necessary to make it comply with the regulations, whereupon such owner, manager, agent, or person in charge of such hotel shall forthwith comply with such requirements. Any owner, manager, or person in charge of a hotel who shall willfully fail or neglect to comply with any of the provisions of the rules and regulations of the State Board of Health, after notice as aforesaid, shall be guilty of a misdemeanor and, upon conviction thereof, be fined not less than $10 nor more than $50, and every day that such hotel is operated in violation of the rules and regulations shall constitute a separate offense.
(Acts 1919, No. 597, p. 845; Code 1923, §4469; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §5; Acts 1959, No. 412, p. 1046.)
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.
(Acts 1919, No. 597, p. 845; Code 1923, §4466; Acts 1935, No. 444, p. 926; Code 1940, T. 24, §3; Acts 1959, No. 412, p. 1046, §1.)
A hotel may require any guest, or person proposing to become a guest, to enter into a special contract as to the duration, kind and place of board, entertainment, or lodging to be furnished such guest and the price therefor to be paid. If such guest refuses to enter into such contract and to accept board, entertainment, or lodging under the terms and conditions so proposed by the hotel, the hotel may refuse to receive or entertain such guest and because of such refusal shall not incur any liability whatever. Such special contract must be in writing and signed by both parties, and by such contract a hotel may vary its liability for the safety of the goods of its guests.
(Code 1876, §525; Code 1886, §1326; Code 1896, §2540; Code 1907, §4539; Code 1923, §8315; Code 1940, T. 24, §11; Acts 1959, No. 412, p. 1046, §1.)
Every hotel must provide itself with a safe depository for the valuable articles belonging to its guests, and must keep displayed on the inner face of the main entrance door in each sleeping room occupied by its guests or in any other conspicuous place in the sleeping room, and in the lobby of the hotel, written or printed notice to its guests that they must leave their valuables with the hotel, its clerk or agent for safekeeping in the safe depository, and of the limitations of liability provided for in Section 34-15-13.
(Code 1867, §1242; Code 1876, §1549; Code 1886, §1327; Code 1896, §2541; Code 1907, §4540; Code 1923, §8316; Code 1940, T. 24, §12; Acts 1959, No. 412, p. 1046, §1.)
Such hotel as shall maintain a safe depository and display notice as is required by Section 34-15-12 shall, in no event and under no circumstances or conditions, be liable in any amount for any loss, damage, or destruction of the valuables of a guest by theft, burglary, fire, or by any other cause whatsoever, whether or not of a nature enumerated above, if the valuables shall not have been left with the hotel, its clerk or agent for deposit in the safe depository. Whenever the phrase “loss, damage, or destruction by theft or otherwise” is used in this chapter, it shall include any loss, damage, or destruction of the valuables, baggage, or property of a guest, as the case may be, by theft, burglary, fire, or by any other cause whatsoever, whether or not of a nature enumerated above. If a hotel maintains a safe depository and valuables are left by a guest with the hotel, its clerk or agent for deposit in the safe depository, the limit of liability of the hotel for any loss, damage, or destruction of the valuables, by theft or otherwise, shall be $300, regardless of whether or not the hotel shall have displayed notice as required by Section 34-15-12; provided, that upon accepting any such valuables the hotel must furnish to the guest a receipt upon which there shall appear in not less than 10-point type on the face thereof the following words: “The liability for loss, damage, or destruction of valuables, by theft or otherwise, is limited by law to $300 unless otherwise provided by special written contract.” There shall also appear on the receipt in not less than 10-point type and underlined the following words: “If the guest is depositing valuables in the safe depository of the hotel for safekeeping, which valuables exceed in value the sum of $300, the guest may request the hotel to enter into a special written contract, to be supplied by the hotel, whereby the hotel agrees to assume liability for the value of the valuables; provided, however, that in no event and under no circumstances or conditions shall the hotel (1) be liable in excess of the actual value of the valuables regardless of the stated value thereof in the contract; and (2) be required to enter into a contract assuming liability in excess of $5,000 for the loss, damage, or destruction of the valuables, by theft or otherwise, regardless of the stated value or actual value thereof. Such contract must be in writing, signed by the guest and signed on behalf of the hotel by its manager, assistant manager, desk clerk, or other person in charge of or in authority in the hotel.” Failure of the hotel to provide such receipt to any guest who leaves valuables with the hotel for deposit in its safe depository shall remove the $300 limitation of liability provided by this section.
(Acts 1959, No. 412, p. 1046, §1.)
If the liability of a hotel is not otherwise eliminated or limited or varied under the provisions of Section 34-15-11 or 34-15-13, its liability for any loss, damage, or destruction of any property of a guest, by theft or otherwise, shall in no event and under no circumstances or conditions exceed the sum of $5,000, whether or not such hotel has complied with the provisions of this chapter. The word “property” as used in this section shall mean and include valuables and all other items belonging to a guest except baggage as is defined in Section 34-15-15.
(Code 1867, §1244; Code 1876, §1551; Code 1886, §1329; Code 1896, §2543; Code 1907, §4542; Code 1923, §8318; Code 1940, T. 24, §14; Acts 1959, No. 412, p. 1046, §1.)
(a) Every hotel shall provide a check room or other convenient storage place for all baggage of its registered guests, those intending to become guests and others using or occupying any of the public spaces of the hotel, all of whom are hereinafter referred to in this section as guests, and shall keep displayed in the lobby of the hotel written notice that such check room or storage place has been provided; and the hotel shall give receipts or checks for all baggage so delivered to it by its guests when requested to do so by any such guest. When such check room or storage place has been provided, and notice thereof has been so displayed by the hotel and if the hotel makes no extra charge against its guests for so storing or checking their baggage, the hotel shall not be liable for any loss, damage, or destruction of the baggage, by theft or otherwise, unless the guest leaves the baggage in such check room or storage place or, in the case of a registered guest, in the room or rooms assigned to such guest. As for baggage which is left with the hotel for storage in such check room or other convenient storage place or as for baggage which is left by a guest in the room or rooms in which such guest was registered after such guest has permanently departed from the hotel, the hotel shall not be liable for any loss, damage, or destruction thereof, by theft or otherwise, unless the baggage is called for within 30 days of the time of its acceptance by the hotel or within 30 days of the time when a guest permanently departs from the hotel, as the case may be. The liability of a hotel for any loss, damage, or destruction of the baggage of a guest, by theft or otherwise, shall in no event and under no circumstances or conditions exceed the sum of $500, regardless of whether or not such hotel has complied with the provisions of this section, unless a written contract is entered into and executed by the hotel and such guest providing for a greater liability.
(b) The term “baggage,” as used in this section, shall mean and include baggage, samples of merchandise of all description, and wearing apparel of all description brought to the hotel at the instance of, or by, the guest, but does not include “valuables” as defined in Section 34-15-12.
(Acts 1919, No. 597, p. 845; Code 1923, §4476; Code 1940, T. 24, §15; Acts 1943, No. 406, p. 373, §1; Acts 1959, No. 412, p. 1046, §1.)
Any proprietor, owner, or manager of any hotel who shall fail or neglect to provide good and sufficient locks, latches, or bolts to all the doors and rooms used by guests or provided for the use of guests or patrons of such hotel whereby the same may be securely fastened from the inside of such room shall, on conviction, be fined not less than $10 nor more than $100.
(Acts 1919, No. 597, p. 845; Code 1923, §4475; Code 1940, T. 24, §16; Acts 1959, No. 412, p. 1046, §1.)
(a) The manager, assistant manager, desk clerk, or other person in charge of or in authority in a hotel, any of whom are hereinafter referred to in this section as “manager,” shall have the right to remove, cause to be removed, or eject from such hotel, in the manner provided in this section, any guest of the hotel or visitor thereto, both hereinafter referred to in this section as “guest,” who, while in the hotel or on the hotel premises, is intoxicated, profane, lewd, brawling, or who shall indulge in any language or conduct or otherwise conducts himself or herself in such fashion as to disturb the peace and comfort of other guests, proprietor, or employees of such hotel.
(b) The manager shall first orally notify such guest that the hotel no longer desires to entertain him or her and request that such guest immediately depart from the hotel. If such guest has paid in advance, the hotel shall, at the time the request to depart is made, tender to the guest the unused or unconsumed portion of any such advance payment.
(c) Any guest who shall remain or attempt to remain in such hotel after being requested, as stated in subsection (b) of this section, to depart therefrom, shall be guilty of a misdemeanor and shall be deemed to be illegally in such hotel or upon its premises.
(d) In the event any such guest shall be illegally in the hotel or upon its premises as stated in subsection (c) of this section, the manager may call to his or her assistance any policeman, constable, deputy sheriff, sheriff, or other law enforcement officer, and it shall be the duty of each member of the aforesaid classes of officers, upon request of the manager of such hotel, forthwith and forcibly, if necessary, to immediately remove or eject from such hotel any such guest illegally in the hotel or upon its premises as aforesaid.
(Acts 1959, No. 412, p. 1046, §1.)
Proof that food, lodging, or other accommodation was obtained by false pretense or by false or fictitious show or pretense of any baggage or other property by such person obtaining such food, lodging, or other accommodation, or that such person absconded or left the state without paying or offering to pay for such food, lodging, or other accommodation, or that such person gave in payment, or in part payment, for such food, lodging, or other accommodation any check or draft on which check or draft payment was refused on due presentation or that such person surreptitiously removed, or attempted to remove, from such hotel, boardinghouse, or eating house the baggage or other property brought with him or her thereto without having paid, or offered to pay, for such food, lodging, or other accommodation so furnished him or her shall be prima facie evidence of the fraud or misrepresentation, or intent to deceive or defraud, mentioned in Sections 13A-8-10 through 13A-8-10.3. No person shall be convicted under the provisions of Sections 13A-8-10 through 13A-8-10.3 where there has been an express agreement to delay payment for such food, lodging, or other accommodation until a date after such person terminates his or her relation as a guest at such hotel, boardinghouse, or eating house.
(Acts 1915, No. 122, p. 152, §2; Code 1923, §4149; Code 1940, T. 24, §19; Acts 1959, No. 412, p. 1046, §1.)
Every hotelkeeper and innkeeper in this state shall keep a copy of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, printed in distinct type, posted in the lobby, public waiting room, or in that portion of his or her hotel or inn most frequented by the guests thereof, and no conviction shall be had under the provisions of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, until it shall have been made to appear that a copy of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, was posted as above provided in the hotel or inn, the owner or keeper of which claims to have been defrauded at the time such food, lodging, or other accommodations were obtained.
(Acts 1915, No. 122, p. 152, §3; Code 1923, §4150; Code 1940, T. 24, §20.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §1.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §2.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §3.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §4.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §5.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §6.)
[Repealed]
Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
(Acts 1982, No. 82-497, p. 825, §7.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §1.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §2.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §3; Act 2006-518, p. 1192, §2.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, § 4.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §5.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §6.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §7.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §8.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010..
(Act 2001-660, p. 1365, §9.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §10.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §11.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §12.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §13.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §14.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §15.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §16.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §17.)
[Repealed]
Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
(Act 2001-660, p. 1365, §19.)
This chapter shall be known and may be cited as the Alabama Interior Design Registration Act of 2010.
(Act 2010-706, p. 1715, §2.(b))
The Legislature finds and declares that this chapter is not intended to restrict the practice of interior design or the use of the terms design, designer, interior design, or interior designer in this state. The Legislature declares that the purpose of this chapter is to establish a registration process for those interior designers who choose to obtain the credentials required to seal and submit construction documents for commercial interior projects in certain spaces less than 5,000 contiguous square feet within a building which has a total area of 2,500 square feet or more to building officials for review and permitting purposes. The Legislature further finds and declares that this chapter is not intended to prohibit any person from making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people. Except as expressly provided in Section 34-15C-9, nothing in this chapter shall be interpreted to prohibit any person who is not a registered interior designer from conducting any activity not prohibited by any other state law. Further, registration under this chapter may not be required by this state or by any city, town, county, or other governmental entity or official for the submission, review, approval, or issuance of permits for plans and specifications for or to administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people, nor for any activity other than the submission to building officials of construction documents for commercial interior projects in certain spaces up to 5,000 contiguous square feet, within a building which has a total area of 2,500 square feet or more.
(Act 2010-706, p. 1715, §2(b).)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) BOARD. The Alabama Board for Registered Interior Designers.
(2) NCIDQ. The National Council for Interior Design Qualification.
(3) REGISTERED INTERIOR DESIGNER. An interior design professional, as defined by the NCIDQ, who is approved and registered by the board and the Secretary of State.
(Act 2010-706, p. 1715, §2(b).)
(a) There is created the Alabama Board for Registered Interior Designers, to be comprised of seven members appointed by the Governor in the manner set forth in this section. The members of the Alabama State Board of Registration for Interior Design serving on August 1, 2010, pursuant to former Section 34-15B-4, shall immediately serve as board members of the Alabama Board for Registered Interior Designers created by this chapter. For continuity purposes, a board member serving on August 1, 2010, shall continue to serve under this chapter for the remainder of his or her term, and according to the appointment schedule, for which he or she was appointed by the Governor pursuant to former Section 34-15B-4.
(b) All appointments occurring after August 1, 2010, shall be for terms of four years, except an appointment to fill a vacancy, which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. All members shall continue to serve until a successor is appointed by the Governor.
(c) The composition of the board shall be as follows:
(1) Five members of the board shall be registered interior designers, shall be engaged in the full-time practice of interior design, and shall be appointed from districts provided in subsection (e).
(2) One member shall be a professional educator, who teaches in a college or university level interior design program, and who is a registered interior designer or was previously registered or certified by the former Alabama State Board of Registration for Interior Design. If no educator with these qualifications is willing and able to serve on the board, this position shall be filled by an educator who has the necessary credentials to be registered and who agrees to apply for a certificate of registration within the first year of his or her service on the board.
(3) One member shall be a consumer who is not a design professional. The consumer member may not be employed in the fields of construction, architecture, engineering, interior design, interior decorating, or any related field.
(d) Of the seven members listed in subsection (c), at least one shall be a member of a minority race, and the total membership of the board shall reflect the racial, gender, urban/rural, and economic diversity of the state.
(e) The five registered interior design members of the board, appointed by district, shall be appointed as follows:
(1) Five districts shall be created: Northern, Central, Western, Eastern, and Southern. One practicing registered interior designer shall be appointed from each district.
a. The Northern District shall be comprised of Lauderdale, Colbert, Lawrence, Limestone, Morgan, Cullman, Marshall, Madison, Jackson, DeKalb, Cherokee, Etowah, Calhoun, and Cleburne Counties.
b. The Central District shall be comprised of Blount, Jefferson, St. Clair, and Talladega Counties.
c. The Western District shall be comprised of Marion, Winston, Lamar, Fayette, Franklin, Walker, Pickens, Tuscaloosa, Sumter, Greene, Hale, Bibb, Perry, Dallas, Marengo, Choctaw, Lowndes, Shelby, and Wilcox Counties.
d. The Eastern District shall be comprised of Randolph, Clay, Chilton, Coosa, Tallapoosa, Chambers, Autauga, Elmore, Lee, Macon, Montgomery, Bullock, Pike, Coffee, Dale, Henry, Barbour, Russell, and Crenshaw Counties.
e. The Southern District shall be comprised of Butler, Covington, Conecuh, Escambia, Houston, Monroe, Clarke, Washington, Mobile, Geneva, and Baldwin Counties.
(2) When appropriate, the chair of the board shall notify in writing each registered interior designer, by district of residence, of the time and place for a district nomination meeting. The purpose of the district nomination meeting shall be to select members to serve on a statewide nominating committee. The district nomination meeting, held for the purpose of selecting new members to serve on the statewide nominating committee, shall be held every four years, or as required, for the purpose of filling vacancies on the statewide nominating committee.
(3) At the district nomination meeting, the members of each district shall select a chair for their respective district for that meeting, shall proceed according to Robert’s Rules of Order, as most recently revised, and shall select one person to serve on the statewide nominating committee. Minutes of the meeting shall be recorded, signed by the chair of the meeting, and a copy of the signed minutes shall be provided to the chair of the board and the chair of the statewide nominating committee. The person shall be selected by a plurality of the vote and shall be a registered interior designer who resides in the district.
(f)(1) The statewide nominating committee shall be composed of one person from each of the five districts listed in subsection (e). Each person selected for the statewide nominating committee shall immediately notify the chair of the board and the chair of the statewide nominating committee of his or her selection.
(2) A new statewide nominating committee shall be elected every four years for the purpose of filling any vacancies or expired terms which may occur on the board. The statewide nominating committee shall be convened, by call of the chair of the statewide nominating committee or notice from a majority of the members thereof, as soon as practical whenever a vacancy occurs on the board or at any time within 60 days preceding the expiration of the term of a board member. All appointments to the board shall be made in the manner provided in this section.
(3) If a vacancy occurs on the statewide nominating committee, the chair of the statewide nominating committee shall notify the chair of the board, who shall call a district nominating committee meeting to fill the vacancy. Only practicing registered interior designers may vote in a district nomination meeting or serve upon the statewide nominating committee.
(4) The statewide nominating committee shall be convened, by call of the chair of the statewide nominating committee or notice from a majority of the members thereof, as soon as practical whenever a vacancy occurs on the board or at any time within 60 days preceding the expiration of the term of a board member. All appointments to the board shall be made in the manner provided in this section.
(5) Each board member nominated by the statewide nominating committee shall reside in the district from which he or she is appointed.
(6) The statewide nominating committee shall select and submit the names of at least two registered interior designers to the Governor no later than 60 days of the expiration of the term of a board member, or no later than 60 days of any vacancy on the board.
(g) The Governor may remove any member of the board for misconduct, incapacity, incompetence, or neglect of duty after the member so charged has been served with a written notice of the same and has been given an opportunity to be heard by the Governor. Absence from any three consecutive meetings of the board, without cause acceptable to the Governor, shall be deemed cause for removal of any member.
(h) Each member of the board shall receive the same per diem, travel, and expense allowance as is paid by law to state employees for the time spent in the performance of duties and in necessary travel.
(i) The board shall hold two or more meetings per year for the purpose of performing its duties pursuant to this chapter. A simple majority of the members of the board shall constitute a quorum at any meeting. A simple majority vote of the members present shall be sufficient to transact the business of the board. A new chair shall be elected 60 days before the end of the term of the previous chair. If no new chair is elected before the end of the term of the previous chair, the previous chair shall continue to serve until a successor is elected. Vacancies in such chair position shall be filled by act of the board.
(j) The chair may appoint a full-time or part-time executive director or administrative assistant to the board, with the consent of the majority of the members of the board. The executive director or administrative assistant shall serve at the pleasure of the board. The salary of the executive director or administrative assistant shall be set by the board. The executive director or administrative assistant shall serve as the executive officer to the board, but shall not be a member of the board. The board, by majority vote of its members, may employ additional persons, who shall serve at the pleasure of the board, to assist the board and the executive director or administrative assistant in the keeping of the records and in the performance of its duties, subject to available funding.
(Act 2010-706, p. 1715, §2(b).)
The board shall perform the following duties, subject to the other provisions of this chapter:
(1) Administer fully this chapter and any rules promulgated by the board pursuant to this chapter.
(2) Prescribe, make, adopt, and amend such rules pursuant to the Alabama Administrative Procedure Act as the board deems necessary to carry out the provisions of this chapter.
(3) For the purpose of enforcing this chapter, conduct investigations and hearings concerning charges against registered interior designers, at any time or place within the state, administer oaths and affirmations, examine witnesses, and receive evidence in the course of any such hearings.
(4) Issue, in conjunction with the Secretary of State, any documentation necessary to prove that a registered interior designer is practicing in accordance with and abiding by the requirements of this chapter, for which an annual fee, in an amount determined by the board, shall be assessed and collected.
(5) Institute legal proceedings pursuant to subsection (c) of Section 34-15C-12.
(6) Grant, deny, revoke, suspend, or reinstate certificates of registration.
(7) Keep a record of its proceedings and make an annual report thereon to the Governor and the Legislature.
(8) Establish standards and requirements of continuing education for registered interior designers.
(9) Maintain an official roster of registered interior designers including, but not limited to, information required by the board for enforcement of this chapter.
(10) When necessary, require the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence, and materials in any hearing, investigation, or other proceeding before the board, by means of discovery as provided in the Alabama Rules of Civil Procedure.
(11) Employ attorneys, accountants, and other persons as may be necessary to assist the board in carrying out this chapter when there is a need for such services and when funds are available for such services.
(12) Adopt rules providing for a registered interior designer to be classified as inactive and to avoid the payment of annual fees, so long as the inactive registered interior designer does not use the titles, stamps, or seals restricted by subsection (a) or subsection (b) of Section 34-15C-9 during inactive status.
(13) Establish, by administrative rule, procedures for the assessment of fees for the administration of this chapter.
(Act 2010-706, p. 1715, §2(b).)
(a) Applications for registration shall be submitted on forms prescribed and furnished by the board. The board shall promptly notify any applicant of the requirements and the schedule of fees established by the board for registration.
(b) The board shall register an applicant to become a registered interior designer, and to use the title of registered interior designer in the State of Alabama, only if the applicant satisfies all of the following requirements:
(1) The applicant is determined by the board to be of good ethical character.
(2) The applicant either:
a. Has satisfied all requirements, including all education and experience requirements, for eligibility to take the NCIDQ examination; or
b. Holds a degree from a National Architectural Accreditation Board (NAAB) accredited school and has met NCIDQ eligibility requirements to take the NCIDQ examination, or is a registered architect who satisfies NCIDQ eligibility requirements to take the NCIDQ examination. Such applicants may take the NCIDQ examination.
(3) The applicant has successfully passed the NCIDQ examination.
(4) The applicant is at least 21 years of age.
(c) Notwithstanding the requirements of subsection (b), any person registered with the Alabama State Board of Registration for Interior Design on August 1, 2010, shall be registered by the Alabama Board for Registered Interior Designers, as created by this chapter, on August 1, 2010, without penalty, for the time remaining on the certificate of registration of the registered interior designer and any renewals of that certificate.
(d) Certificates of registration shall expire on September 30 of each year, and shall become invalid on October 1 of each year, unless renewed.
(e) Renewal of a certificate of registration may be accomplished at any time prior to and during the month of September by:
(1) The payment of an annual fee, as prescribed by the board, through such procedures as may be developed by the board.
(2) Submission of proof, on forms approved by the board, of compliance with all continuing education requirements established by the board.
(f) A certificate of registration held by a registered interior designer serving in the Armed Forces of the United States shall not expire until September 30 following his or her discharge or final separation from the Armed Forces of the United States.
(g) A registered interior designer shall maintain and post his or her certificate of registration in the primary business office where he or she practices.
(Act 2010-706, p. 1715, §2(b).)
The board may waive the requirements for registration and grant registration to any applicant who submits proof of current registration as an interior designer in another state, the District of Columbia, or a territory of the United States that requires standards for registration which are substantially equivalent to those required in this state and gives similar reciprocity to registered interior designers of this state.
(Act 2010-706, p. 1715, §2(b).)
(a) A registered interior designer shall obtain a seal bearing the name of the registered interior designer, a design authorized by the board, the legend Registered Interior Designer, the words State of Alabama, and the registration number of the registered interior designer.
(b) Plans, specifications, and other documents prepared and issued by a registered interior designer shall be stamped with the seal of the registered interior designer only if the certificate of registration is valid.
(Act 2010-706, p. 1715, §2(b).)
(a) Any person who is not a registered interior designer who uses the title registered interior designer on any sign, card, listing, advertising, business name, stationery, or in any other manner knowingly implies or indicates that he or she is a registered interior designer shall be guilty of a Class A misdemeanor.
(b) Any person who is not a registered interior designer who stamps or seals any document with a stamp or seal containing the term registered interior designer shall be guilty of a Class A misdemeanor.
(c) Any registered interior designer who stamps or allows to be stamped any document that is not prepared under his or her supervision and control shall be guilty of a Class A misdemeanor.
(Act 2010-706, p. 1715, §2(b).)
(a) Nothing in this chapter shall be interpreted to prohibit any person from making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people.
(b) Registration under this chapter may not be required by this state or by any city, town, county, or other governmental entity or official for the submission, review, approval, or issuance of permits for plans and specifications for or to administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people, nor for any activity other than the submission to building officials of construction documents for commercial interior projects in certain spaces up to 5,000 contiguous square feet, within a building which has a total area of 2,500 square feet or more.
(c) Except as expressly provided in subsection (a) or subsection (b) of Section 34-15C-9, nothing in this chapter shall be interpreted to prohibit any person who is not a registered interior designer from conducting any activity not prohibited by any other state law.
(d) The board shall have no jurisdiction over any person who is not a registered interior designer.
(e) The board may not conduct any disciplinary proceeding against any person who is not a registered interior designer.
(f) The board may not conduct any disciplinary proceeding or initiate any other action based upon the use of the term design, designer, interior design, or interior designer by any person, business, or firm at any time before or after August 1, 2010.
(Act 2010-706, p. 1715, §2(b).)
The board may revoke, suspend, or refuse to issue a certificate of registration, issue a private or public reprimand regarding a registered interior designer, assess and collect administrative fines against a registered interior designer not exceeding two thousand dollars ($2,000), or proceed with any combination of the foregoing, for any of the following conduct:
(1) Fraud, deceit, dishonesty, or misrepresentation, whether knowing or unknowing, in the pursuit of his or her practice or in obtaining any certificate of registration.
(2) Gross negligence, misconduct, or incompetence in the pursuit of his or her practice.
(3) Conviction of a felony, until civil rights are restored.
(4) Incompetency as adjudged by a court having jurisdiction.
(5) Violating or directly or indirectly aiding or abetting in a violation of Section 34-15C-9.
(6) Practicing in this state in violation of any standards of professional conduct as may be established by rule of the board.
(7) Failure to pay any fee or fine assessed by the board.
(8) Failure to comply with any order of the board.
(Act 2010-706, p. 1715, §2(b).)
(a) Any time that the board has reason to believe that a registered interior designer is subject to discipline, notice of the charges placed against the registered interior designer and the time and place of the hearing of such charges by the board shall be served on the accused, pursuant to the Alabama Rules of Civil Procedure, not less than 45 days before the date fixed for the hearing. The notice shall inform the registered interior designer that he or she is entitled to respond to the charges within 30 days, be represented by counsel of his or her choosing at the hearing, have witnesses testify in his or her behalf at the hearing, confront and cross-examine witnesses at the hearing, and testify in his or her behalf at the hearing. The board may provide further for any procedure not herein enumerated that is consistent with the Alabama Administrative Procedure Act.
(b) In all cases of disciplinary action taken by the board, the accused may appeal the disciplinary action to the Circuit Court of Montgomery County, Alabama, or to the circuit court for the county of residence of the accused. Either party has the right to appeal from the final decree of the circuit court as provided by law.
(c) If the board determines that any person is violating the title restrictions contained in Section 34-15C-9, or that any registered interior designer is violating any other provision of this chapter, the board, in its own name, may seek an injunction in the circuit court for the county of residence of the accused, and the court may enjoin such person from violating this chapter, regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(Act 2010-706, p. 1715, §2(b).)
(a) The registered interior designer shall attempt to avoid all conflicts of interest with a client or employer. If a conflict of interest is unavoidable, the registered interior designer shall immediately inform the client or employer of any business association, interest, or circumstance which may influence the professional judgment, decisions, practices, or quality of services provided by the registered interior designer.
(b) The registered interior designer may not solicit or accept any gratuity, material favor, or benefit of any substantial nature from any party, agent, servant, or employee who is not a client or employer in connection with any project for which the registered interior designer is performing, or has contracted to perform, interior design services. This solicitation or acceptance includes, but is not limited to, any act, article, money, or other item which is of such value in proportion to the interior design services that its acceptance creates a clandestine obligation on the part of the registered interior designer or otherwise compromises the ability of the registered interior designer to exercise independent judgment.
(c) Notwithstanding subsection (b), a registered interior designer may receive a fee or commission for the sale or the supervision of installation of personal property or fixtures, but may not receive both a fee and a commission without the express consent of the client.
(Act 2010-706, p. 1715, §2(b).)
All fees received by the board shall be deposited into a fund in the State Treasury known as the Alabama Board for Registered Interior Designers Fund, which is hereby established. The fund shall be utilized, in the discretion of the board, to regulate the practice of registered interior designers and to pay any necessary expenses of the board, including the cost of employees, legal expenses, administrative expenses, and other expenses associated with enforcing and administering this chapter. All fees collected prior to August 1, 2010, and collected pursuant to former Chapter 15A or former Chapter 15B of this title are ratified, validated, and transferred to the fund.
(Act 2010-706, p. 1715, §2(b).)
(a) Notwithstanding any provision of law to the contrary, a registered interior designer may submit sealed, stamped drawings to building officials for a commercial interior project in any space of less than 5,000 contiguous square feet within a building of any size provided that all of the following requirements are satisfied:
(1) The space may not be intended for use as a school, church, auditorium, or other space intended for the assembly occupancy of people.
(2) Unless the drawings utilize, reference, and incorporate documents prepared by architects, engineers, or other related professionals, the drawings may not include the design or modification of architectural and engineering interior construction relating to building systems, such as building structural support, fire rated assemblies, stairwells, means of egress components, elevators, elevator shafts, plumbing, heating, ventilation, air conditioning, fire protection, and mechanical and electrical systems, except for the scope of interior services as defined by the NCIDQ or for the coordination of the aesthetic requirements of fixtures.
(b) Any official of this state or of any city, town, or county charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings may accept or approve and issue permits based upon any of the following:
(1) Plans or specifications prepared by any person registered pursuant to this chapter, provided the plans or specifications are consistent with this chapter.
(2) Plans and specifications for the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, of any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people.
(3) Plans and specifications which such official is not prohibited from accepting pursuant to any other state law on August 1, 2010.
(Act 2010-706, p. 1715, §2(b).)
It shall be lawful for any person registered pursuant to this chapter to participate as owners with architects or professional engineers, or both, in partnerships, corporations, professional corporations, professional associations, and other business entity relationships. Such participation may include, where applicable, and without limitation, service as an officer, director, shareholder, voting or nonvoting, and any other participation allowed under the laws of the State of Alabama.
(Act 2010-706, p. 1715, §2(b).)
It is the intent of the Legislature that the board shall be subject to the Alabama Administrative Procedure Act.
(Act 2010-706, p. 1715, §2(b).)
The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2013, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2010-706, p. 1715, §2(b).)
The existence and functioning of the Alabama State Board of Registration for Interior Design, formerly created and functioning pursuant to Sections 34-15B-1 to 34-15B-18, inclusive, is continued pursuant to this newly created Chapter 15C. All rights, duties, property, real or personal, and all other effects existing in the name of the Alabama State Board of Registration for Interior Design, or in any other name by which the board has been known, shall continue in the name of the Alabama Board for Registered Interior Designers. Any reference to the Alabama State Board of Registration for Interior Design, or any other name by which the board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Board for Registered Interior Designers as created in this chapter. All actions of the Alabama State Board of Registration for Interior Design lawfully done prior to August 1, 2010, by the board or by the executive director or administrative assistant, are approved, ratified, and confirmed. The board as constituted on August 1, 2010, shall constitute the board under this new Chapter 15C.
(Act 2010-706, p. 1715, §1.)
(a) This chapter shall be known as the “Alabama Licensure for Interpreters and Transliterators Act.”
(b) This chapter shall be liberally construed and implemented to promote the purposes and policies set forth herein.
(Act 98-675, p. 1480, §1.)
The Legislature declares that it is in the best interest of the public health, safety, and welfare to regulate the practice of interpreting and transliterating on behalf of consumers who are hard of hearing, deaf, or speech disabled by licensing and permitting the providers of interpreting and transliterating services, and establishing and monitoring interpreting and transliterating standards in the State of Alabama.
(Act 98-675, p. 1480, §2.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) BOARD. The Alabama Licensure Board for Interpreters and Transliterators, created pursuant to Section 34-16-4.
(2) CODE OF ETHICS. The tenets established by the Registry of the Interpreters for the Deaf which set guidelines governing professional conduct for interpreters and transliterators, and any other code of ethics approved by the board.
(3) CONSUMER. A hard of hearing, deaf, or speech disabled person or any other person or an agency that requires the services of an interpreter or transliterator to effectively communicate and comprehend signed or spoken discourse.
(4) CONTINUING EDUCATION PROGRAM or CEP. A program approved by the board to improve the skill level of licensees and permit holders.
(5) FUND. The Alabama Licensure Board for Interpreters and Transliterators Fund, created pursuant to Section 34-16-9.
(6) INTERMEDIARY INTERPRETER. A person who is credentialed as an interpreter and who serves in an intermediary capacity between another deaf person and another licensed or permitted interpreter or between two or more deaf persons.
(7) INTERPRETER. A person who is credentialed as a professional interpreter and who engages in the practice of interpreting among consumers. Fluency in all languages interpreted is required.
(8) INTERPRETING or TRANSLITERATING. The process of providing accessible communication between and among consumers who do not share a common means of communication. For the purposes of this chapter, interpreting means those processes known as interpretation and transliteration and includes communication modalities, including, but not limited to, visual, gestural, and tactile channels.
(9) NATIONALLY RECOGNIZED CERTIFICATION. A certification awarded to individuals who successfully complete an evaluation of interpreting skills at a professional level. The term includes a Registry of Interpreters for the Deaf certification, or an equivalent such as the National Association for the Deaf/Alabama Association for the Deaf Interpreter Assessment Program Level 4 or Level 5, or Cued Speech Certification at a national level.
(10) ORGANIZATIONS. The Alabama Association of the Deaf (AAD), a state chapter of the National Association of the Deaf (NAD); Alabama Registry of Interpreters for the Deaf (ALRID), an affiliate state chapter of the Registry of Interpreters for the Deaf, Inc., (RID).
(11) SIGN LANGUAGE. Includes all of the following communication systems:
a. American Sign Language (ASL) Based. The language of the deaf community that is linguistically independent from English. The term refers to the visual gestural language used in the United States and parts of Canada and includes all regional variations.
b. English Based Sign Systems. Includes, but is not limited to, all visual representations of the English language such as manually coded English, Pidgin Sign English, and Oral Interpreting.
c. Sign Language. A generic term used to describe a continuum of visual-manual language and communication systems.
d. Cued Speech. A system of handshapes which represents groups of consonant sounds, combined with hand placements which represent groups of vowel sounds, used with natural speech to represent a visual model of spoken language.
(12) TRANSLITERATOR. A person who is credentialed as a professional transliterator and who engages in the practice of transliteration between consumers utilizing two different modes of the same language. Fluency in both modes of language is required.
(Act 98-675, p. 1480, §3.)
(a) There is created the Alabama Licensure Board for Interpreters and Transliterators.
(b) The board shall consist of nine members appointed by the Governor as follows:
(1) Four members certified as interpreters or transliterators at a professional level by a nationally recognized certification, one of whom shall work in an educational setting. A list of three nominations for each of these positions shall be submitted to the Governor by ALRID.
(2) Three deaf or hard of hearing members who are knowledgeable in the field of professional interpreting. A list of three nominations for each of these positions shall be submitted to the Governor by AAD.
(3) Two members at-large who have an interest in and are experienced in dealing with issues that affect the deaf, hard of hearing, and interpreting communities.
(c) All members of the board shall be citizens of the United States and residents of the State of Alabama. In appointing members to the board, the nominating organizations and the Governor, to the extent possible, shall select those individuals whose appointments ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large.
(d) A list of three nominees for each position, except for the at-large positions, shall be submitted to the Governor by the designated organizations by October 1, 1998. The initial terms shall begin January 1, 1999.
(e) The initial members of the board shall serve the following terms as designated by the Governor:
(1) Four of the initial members shall serve for two years.
(2) Three of the initial members shall serve for three years.
(3) Two of the initial members shall serve for four years.
(f) Subsequent terms of office shall be four years. No board member may serve more than two consecutive terms. In the event of a vacancy, the Governor shall fill the vacancy from the remaining names on the list of nominees for that position. Each board member shall serve until his or her successor is duly appointed and qualified.
(g) At its first meeting each year, the board shall elect a chair, a vice chair, and a secretary. No member shall be elected to serve more than two consecutive years in the same office.
(h) After the initial appointments to the board are made, the board shall meet by January 31 of the following year for the purpose of organizing and transacting business as may properly come before the board. Subsequently, the board shall meet not less than twice annually, and as frequently as it deems necessary, at such time and places as it designates. A quorum necessary to transact business shall consist of five of the members of the board.
(i) The board shall have all of the following duties:
(1) Act on matters concerning licensure and permitting, and the process of granting, suspending, reinstating, and revoking a license or permit.
(2) Set a fee schedule for granting licenses and permits, for renewing licenses and permits, for reinstating a lapsed license or permit, and for assessing penalties for late renewal. The fees shall be sufficient to cover the cost of the continued operation and administration of the board.
(3) Develop a mechanism for processing applications for licenses, permits, and renewals.
(4) Establish a procedure to enable the investigation of complaints concerning the violation of ethical practices for licensed or permitted interpreters.
(5) Maintain a current register of licensed interpreters and a current register of permitted interpreters. These registers shall be matters of public record.
(6) Maintain a complete record of all board proceedings.
(7) Submit an annual report detailing the proceedings of the board to the Governor and file a copy with the Secretary of State.
(8) Adopt continuing education requirements no later than October 1 of the year in which the initial board is appointed. These requirements shall be implemented by January 1 of the year following for renewal of a license or permit.
(j) Board members shall receive the same travel expenses and per diem as state employees pursuant to Article 2 of Chapter 7 of Title 36 and incidental and clerical expenses necessarily incurred in carrying out this chapter. The compensation and expenses shall be paid out of the funds of the board. Reimbursement shall not be made if available funds are insufficient for this purpose.
(Act 98-675, p. 1480, §4; Act 2002-80, p. 254, §3; Act 2003-66, §3; Act 2025-163, §3.)
(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.
(Act 98-675, p. 1480, §5, Act 2002-80, p. 254, §3; Act 2003-66, p. 104, §3.)
(a) Any person who practices as an interpreter or transliterator for remuneration on August 1, 1998, but who does not otherwise meet the requirements for licensure, may obtain a renewable permit to practice interpretation or transliteration. An initial permit shall be issued upon submission of the application, documentation of a high school diploma or GED, current employment as an interpreter, and payment of the nonrefundable annual fee. Any person who does not obtain an initial permit by March 15, 1999, may obtain a nonrenewable provisional permit to practice interpretation or transliteration upon the submission of the application, documentation of a high school diploma or GED, payment of the nonrefundable fee, and submission of three letters of recommendation from licensed interpreters that verify the skill level of the applicant.
(b) In subsequent years, permit holders and nonrenewable permit holders may apply for a renewable annual permit that shall require the submission of an affidavit and supporting materials documenting that the applicant has passed an interpreter code of ethics exam as approved by the board and an interpreting performance assessment approved by the board, the payment of the required nonrefundable annual fee, and the participation in a continuing education program approved by the board. Each applicant shall also 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. The affidavit shall be submitted no later than March 15 annually.
(c) Subsequent renewal of a permit by a cued speech transliterator shall require submission of an affidavit and supporting materials documenting that the applicant has passed an interpreter code of ethics exam as approved by the board and payment of the required nonrefundable annual fee and participation in a continuing education program approved by the board. Each applicant shall also 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. The affidavit shall be submitted no later than March 15 annually.
(d) Failure to renew a permit on or before March 15 of any year, shall result in a lapse of the permit. The holder of the lapsed permit may be reinstated by the board if the permittee 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.
(Act 98-675, p. 1480, §6; Act 2002-80, p. 254, §3; Act 2009-14, p. 27, §3.)
The following persons shall be exempt from licensure or permitting pursuant to this chapter:
(1) Any student who is enrolled in a formal American sign language program, a formal interpreter training program, or a formal interpreter or transliterator internship program. The student shall be allowed to interpret or transliterate as part of his or her training for a maximum of 16 weeks in an educational setting or 120 hours in an agency or business.
(2) Any person who interprets or transliterates solely in a church, synagogue, temple, or other religious setting.
(3) Any person residing outside of the State of Alabama may provide interpreting and transliterating services for up to 14 working days per calendar year without a license.
(4) Any person desiring to interpret for remuneration where circumstances do not allow for fulfillment of the stated requirements for licensure or permitting may petition the board for exemption status.
(5) Those public education personnel and State Department of Rehabilitation personnel, who are not hired as interpreters and transliterators and who are not as a part of their job description responsible for providing interpreting or transliteration services, in circumstances that may necessitate their function as interpreters and transliterators in emergency or incidental situations.
(6) All other public education personnel hired prior to March 15, 2000, who provide interpreting and transliterating services to students. These personnel shall apply for and receive a permit specifying that their permits are restricted to interpreting and transliteration services provided in the public education setting only. The application for this permit shall be submitted to the board prior to October 1, 2000. It shall be the responsibility of the permit holder to annually renew the permit by earning continuing education units in compliance with the requirements of the interpreters and transliterators licensure law. If personnel, who have been grandfathered in pursuant to this subdivision, for any reason should allow their permits to lapse or expire, those personnel shall lose all privileges of this exemption and shall adhere to all requirements of the interpreters and transliterators licensure law to renew their permits.
(Act 98-675, p. 1480, §7; Act 2000-755, p. 1711, §1.)
(a) The board may enter into a reciprocal agreement with any state, agency, or other organization that licenses, certifies, or registers professional interpreters or transliterators, or both, if the board finds that the state, agency, or organization has substantially the same requirements or more stringent requirements.
(b) The reciprocity agreement shall provide that the board shall license anyone who is currently licensed, certified, or registered in that state or by that agency or other organization if that state, agency, or other organization agrees to license, certify, or register any practitioners who are currently licensed pursuant to this chapter.
(c) The board shall set by regulation the fees appropriate in processing reciprocity.
(Act 98-675, p. 1480, §8.)
(a) The annual fee may be increased or decreased by the board, provided, the board shall not set an annual fee at an amount which would not provide sufficient revenues to pay all the costs and expenses incurred by the board in enforcing this chapter.
(b) The annual fee shall cover a license or permit for the 12-month period beginning March 15 of each year.
(c) There is created in the State Treasury the Alabama Licensure Board for Interpreters and Transliterators Fund. All fees collected by the board shall be paid into the State Treasury to the credit of the fund. Monies in the fund shall be subject to withdrawal only upon warrant of the state Comptroller to be issued upon certification of the secretary or treasurer of the board.
(d) Any funds remaining in the State Treasury to the credit of the board at the end of each year in excess of two hundred fifty thousand dollars ($250,000) shall be available to provide for the education and training of interpreters and transliterators in postsecondary programs. At all times the board may retain a sum not in excess of two hundred fifty thousand dollars ($250,000) to meet any emergency which may affect the efficient operation of the board. No funds shall be withdrawn or expended except as budgeted and allocated pursuant to Sections 41-4-80 to 41-4-96, inclusive, and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriations bills. There shall be appropriated from the fund to the board for the fiscal years 1997-1998 and 1998-1999 an amount deemed necessary by the board to fund the costs of its operations.
(Act 98-675, p. 1480, §9.)
(a) Any person may apply for a license or a permit pursuant to this chapter by filing a written application on a form prescribed by the board not less than 30 days prior to the next meeting of the board. The application shall be accompanied by the payment of the annual nonrefundable license fee or permit fee. The credentials of the applicant shall be reviewed according to the rules of the board.
(b) If the board finds the credentials in order, a license or permit shall be issued to the applicant.
(c) If the board rejects the credentials, the applicant will be notified in writing informing him or her of the reasons for rejection.
(Act 98-675, p. 1480, §10.)
(a) Any person may bring charges of fraud, deceit, negligence, incompetence, or misconduct against a licensee or permit holder. All charges shall be made in writing or by video tape and sworn to by the person making the charges. All charges shall be submitted to the chair of the board within 90 days of the alleged occurrence. After a review of the charges, the board shall conduct a hearing at which it may dismiss the charges, or may impose a fine not to exceed one thousand dollars ($1,000), or may suspend or revoke the license or permit of the person charged.
(b) The licensee or permit holder may appeal a decision of the board imposing an administrative fine or revoking or suspending a license or permit by submitting a request to the board for reconsideration within 90 days following the decision of the board. If no resolution is achieved, further appeals shall be submitted to the circuit court in the jurisdiction of the residence of the licensee or permit holder. Any licensee or permit holder whose application for renewal of licensure or permitting was denied or whose license or permit was revoked may reapply after 12 months. The board may then reissue a license or permit or rescind any disciplinary action if a majority of the members, which shall be no less than four members, vote in favor of the action.
(Act 98-675, p. 1480, §11.)
The board may promulgate rules and regulations necessary to implement this chapter and accomplish its objectives. The rules and regulations shall be published in the Standards of Professional Practice and made available to all licensees and permit holders. The rulemaking powers of the board are subject to the Administrative Procedure Act, Sections 41-22-1 to 41-22-27, inclusive.
(Act 98-675, p. 1480, §12.)
After January 1, 1999, any person who undertakes or attempts to undertake the practice of interpreting or transliterating for remuneration among consumers without first having procured a valid license or permit, or who knowingly presents or files false information with the board for the purpose of obtaining a license or permit, or who violates this chapter shall be guilty of a Class C misdemeanor. A person who is not licensed or permitted may not bring or maintain an action to enforce any contract for interpreting or transliterating services which he or she entered into in violation of this chapter. Whenever it appears to the board that any interpreter or transliterator has violated or is about to violate this chapter, the board may, in its own name, petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order enjoining the violation.
(Act 98-675, p. 1480, §13.)
(a) The board may sue and be sued in its own name to recover actual or compensatory damages, including interest and court costs, sustained within the State of Alabama as the result of conduct of any licensee or permit holder who violates this chapter or the rules and regulations of the board.
(b) All members of the board shall be immune from civil liability while acting within the scope of their duties as board members.
(Act 98-675, p. 1480, §14.)
(a) A licensee or permit holder shall notify the board within 10 days of any felony conviction, and within 10 days of a civil action being brought against the licensee or permit holder, if the civil action arose from an interpreting or transliterating transaction or involves the goodwill of a licensee or permit holder or an existing interpreting or transliterating business or agency. The notification shall be in writing, sent by certified mail, and include a copy of the judgement.
(b) Allegations of breach of professional ethics or conduct incompatible with the Standards of Professional Practice as determined by the board may be brought against a licensee or permit holder by any individual, business, or agency.
(Act 98-675, p. 1480, §15.)
The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16, inclusive, and shall be reviewed at the same time as the State Board of Medical Examiners.
(Act 98-675, p. 1480, §16.)
For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) BOARD. The Alabama State Board of Examiners of Landscape Architects.
(2) LANDSCAPE ARCHITECT. A person who is engaged or offers to engage in the practice of landscape architecture, as hereinafter defined in this state.
(3) LANDSCAPE ARCHITECTURE. The performance of professional services such as consultation, investigation, research, planning, design, preparation of drawings and specifications and responsible supervision in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for standard drainage structures, and the consideration and determination of environmental problems of land including erosion, blight, and other hazards. This practice shall include the design of such tangible objects and features as are incidental and necessary to the purpose outlined herein but shall not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture, and shall not include the making of land surveys of final plats for official approval or recordation. Nothing contained herein shall preclude a duly licensed landscape architect from performing any of the services described in the first sentence of this subsection in connection with the settings, approaches, or environment for buildings, structures, or facilities. Nothing contained in this chapter shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering, or land surveying as these terms are defined in Section 34-17-27.
(Acts 1971, No. 2396, p. 3819, §1.)
(a) There is created the Alabama Board of Examiners of Landscape Architects which shall consist of three members. The board shall be appointed by the Governor with the advice and consent of the Senate. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. The members of the board, after the appointment of the original board, shall be registered landscape architects of recognized standing having engaged in the practice of landscape architecture in the State of Alabama for a period of two years or more at the time of their appointments and shall be citizens of this state. The terms of office of the members shall be three years, of which one term expires each year. Any vacancy occurring at any time in the membership of the board shall be filled by the Governor appointing a successor for the unexpired term.
(b) The members of the board shall receive no salary or other compensation for their services as members but shall be reimbursed for reasonable and necessary expenses incurred in carrying out their duties.
(c) The board shall elect annually from its members a chair and a secretary, and the board shall hold at least two or more meetings each year.
(d) Each member of the board shall take the oath of office as prescribed by the Constitution of Alabama of 2022.
(Acts 1971, No. 2396, p. 3819, §7; Act 2003-60, p. 91, §3; Act 2011-166, p. 315, §3.)
(a) The board shall have the powers and duties listed in this section.
(b) The board shall have such employees as may be provided in the annual state budget.
(c) The board may make, adopt, and amend such rules and regulations as it deems necessary to carry out the provisions of this chapter.
(d) The board shall hold at least one meeting per year for the purpose of examining candidates for registration as landscape architects. It may hold such other meetings and hearings as required for the proper performance of its duties under this chapter.
(e) The board may adopt a seal for use in transacting its official business.
(f) The board shall keep a record of its proceedings and shall make an annual report thereon to the Governor.
(g) For the purpose of enforcing the provisions of this chapter, the board:
(1) May conduct investigations and hold hearings concerning any matter covered by this chapter at any time or place within the State of Alabama.
(2) May administer oaths and affirmations, examine witnesses, and receive evidence.
(Acts 1971, No. 2396, p. 3819, §8.)
(a) The right to engage in the practice of landscape architecture is a personal right, based upon the qualifications of the individual evidenced by his or her license and is not transferable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of landscape architecture, as defined in Section 34-17-1, when issued or filed for public record, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved them.
(b) A corporation, limited liability company, or partnership may be formed as a vehicle for the practice of landscape architecture, and may use any form of the title “landscape architect” in connection with the name of the business entity if both of the following conditions are satisfied:
(1) One or more of the corporate officers in the case of a corporation, one or more of the managers or members in the case of a limited liability company, or one or more of the partners in the case of a partnership, is designated as being responsible for the professional services described in Section 34-17-1 of the business entity and is a landscape architect under this chapter.
(2) All personnel of the business entity, who act in its behalf as landscape architects, are licensed under this chapter.
(c) An individual desiring to use any form of the title “landscape architect” in connection with the name of a business entity shall file with the board, as part of his or her application for licensure or any subsequent renewal, a listing of relevant information, including the names and addresses of all officers and members of the corporation, managers and members of the limited liability company, or officers and partners of the partnership, and shall indicate those individuals duly licensed to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture in this state through the business entity, and any other information required by the board. A form, giving the same information, shall accompany the annual renewal fee to be determined by the board. In the event there is a change in any of these individuals during the year, the change shall be designated on the same form and filed with the board within 30 days after the effective date of the change. If all of the requirements of this section are satisfied, the business entity may contract for and collect fees for landscape architectural services.
(d) No business entity shall be relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing landscape architecture as defined in Section 34-17-1 be relieved of responsibility for landscape architectural services performed by reason of his or her employment or relationship with the business entity.
(e) This chapter shall not be interpreted to prevent a business entity and its employees from performing landscape architectural services for the business entity, subsidiary, or affiliated business entities.
(Acts 1971, No. 2396, p. 3819, §10; Acts 1995, No. 95-283, p. 523, §3; Act 2022-265, §1.)
(a) Each of the following facts shall constitute a ground for disciplinary action:
(1) That the holder of a certificate of registration is practicing in violation of this chapter or the rules of the board.
(2) That the holder of a certificate has obtained the certificate by fraud or misrepresentation, or that the person named in the certificate has obtained it by fraud or misrepresentation.
(3) That the holder of a certificate is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious, or corporate name.
(4) That the holder of a certificate has aided or abetted in the practice of landscape architecture any person not authorized to practice landscape architecture under this chapter.
(5) That, in the practice of landscape architecture, the holder of a certificate has been found guilty of fraud or deceit.
(6) That, in the practice of landscape architecture, the holder of a certificate has been found guilty of negligence or willful misconduct.
(7) That the holder of a certificate has been found guilty of gross incompetence.
(8) That the holder of a certificate has affixed his or her signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction or has permitted his or her name to be used for the purpose of assisting any person, not a landscape architect, to evade this chapter.
(b) For violations of subsection (a), or for violations of this chapter, or for violations of board rules, the board shall have the following disciplinary powers:
(1) To reprimand a board licensee.
(2) To levy an administrative fine against a licensee of the board not to exceed two thousand five hundred dollars ($2,500) per violation.
(3) To refuse to issue a certificate to an applicant of the board.
(4) To suspend a licensee’s certificate for a definite period of time.
(5) To revoke the certificate of a licensee.
(c) The board, by rule, shall adopt a disciplinary code.
(Acts 1971, No. 2396, p. 3819, §12; Acts 1991, No. 91-152, p. 191, §3; Act 2019-186, §1.)
The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter and shall not later than the tenth day of each month pay all such moneys collected during the previous month to the State Treasurer, who shall keep such moneys in a separate fund to be known as the “Landscape Architect’s Fund.” Such fund shall be kept separate and apart from all other moneys in the Treasury and shall be paid out for the expenses and compensation of the board and for enforcing this chapter only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the president and attested by the secretary of the board; provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41 of this Code. Under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expenses and compensation of the board and of enforcing this chapter exceed the amount provided therefor by the Legislature in the general appropriation bill.
(Acts 1971, No. 2396, p. 3819, §15.)
(a) Any individual who, without possessing a valid, unrevoked certificate as provided in this chapter, uses the title or term “landscape architect” in any sign, card, listing, advertisement, or in any other manner implies or indicates that he or she is a landscape architect, as defined in this chapter, shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished as provided by law. All fines collected pursuant to this section shall be remitted by the court or officer collecting them to the State Treasurer and credited to the Landscape Architect’s Fund in the State Treasury.
(b)(1) The board may institute proceedings in a court of law to enjoin any individual or business entity from violating this chapter. The proceedings shall be brought by the board in the circuit court of the city or county in which the alleged violation occurred or in which the defendant resides.
(2) Upon a showing by the board that the individual or business entity has engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the individual or business entity from engaging in the unlawful activity, conduct, practice, or performance of work.
(3) Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000) plus costs, including investigative costs and attorney fees for each offense. A judgment for a civil fine, attorney fees, and costs may be rendered in the same order in which the injunction is made absolute.
(Acts 1971, No. 2396, p. 3819, §11; Act 99-91, p. 107, §3; Act 2022-265, §1.)
(a) In order to safeguard public welfare, health, and property and to promote public good, any person practicing or offering to practice landscape architecture, privately or in public service, shall be required to submit evidence that he or she is qualified to practice as hereinafter provided. It shall be unlawful for any person to practice landscape architecture or to use the term or title “landscape architect” or “registered landscape architect” unless duly licensed under the provisions of this chapter.
(b) The state board shall adopt a program of continuing education for its licensees not later than October 1, 1993, and after that date no licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met. It is further provided that the continuing education program herein required shall not include testing or examination of the licensees in any manner.
(Acts 1971, No. 2396, p. 3819, §12; Acts 1991, No. 91-152, p. 191, §3; Act 2012-431, p. 1188, §1.)
For licensing as a landscape architect, the following evidence shall be submitted that the applicant:
(1) Is at least 19 years of age.
(2) Has, before making application to the board, completed the course of study in and been graduated from a college or school of landscape architecture approved by the board. The application for examination shall be accompanied by proof of actual practical experience in landscape architectural work of a grade and character satisfactory to the board. Each complete year of study in an approved college or school of landscape architecture shall be accepted in lieu of one year of practical experience, and the applicant shall submit evidence of sufficient additional acceptable experience to total five years of combined education and practical experience. The master’s or doctoral degree in landscape architecture shall fulfill the requirements for five years combined education and practical experience. The applicant shall also submit proof of one additional year of practical experience sufficient to total six years of combined education and practical experience. In lieu of graduation from an accredited college or school of landscape architecture, and the practical experience in addition thereto, an applicant may be admitted to the examination upon presenting evidence of at least eight years of actual practical experience in landscape architectural work of a grade and character satisfactory to the board. In order to qualify for the exemption from the requirement to obtain a degree in landscape architecture based on eight years of practical experience, an applicant must have begun accepting practical experience prior to August 1, 2012.
(3) Is a citizen of the United States or, if not a citizen of the United States, is a person who is legally present in the United States with appropriate documentation from the federal government.
(Acts 1971, No. 2396, p. 3819, §3; Acts 1991, No. 91-152, p. 191, §3; Acts 1995, No. 95-283, p. 523, §3; Act 2011-166, p. 315, §3; Act 2012-431, p. 1188, §1; Act 2013-210, p. 478, §1(b).)
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.
(Acts 1971, No. 2396, p. 3819, §4; Act 2012-431, p. 1188, §1.)
The board may exempt from examination an applicant who holds a license of certificate to practice landscape architecture issued to him or her upon examination by a legally constituted board of examiners of any other state or Washington, D.C. or any other territory or possession under the control of the United States; provided, that such requirements of the state in which the applicant is registered are equivalent to those of this state.
(Acts 1971, No. 2396, p. 3819, §5.)
(a) Every landscape architect shall pay an annual license fee to the board. The fee shall be due and payable on the first day of January of each year and shall become delinquent after the thirty-first day of January.
(b) If the annual license fee is not paid before it becomes delinquent, a delinquent penalty fee shall be added to the amount thereof per year.
(c) If the annual license fee and penalty are not paid before the fifteenth day of March in the year in which they become due, the landscape architect’s license shall be deemed expired. A landscape architect may reinstate an expired license for up to five years after the date of the original expiration by submitting to the board a complete renewal application, proof of completion of any required continuing education, payment of any accrued license fees and delinquent penalty fees, and payment of a reinstatement fee. The holder of a license that is expired for five or more years may only reinstate a license by submitting a new license application and fulfilling all then current license requirements.
(d) A landscape architect may place his or her license on inactive status by annually submitting to the board, between January 1 and January 31, a request for inactive status and an inactive status fee. The holder of an inactive status license may reactivate his or her license by submitting to the board a renewal form, current license fee, and one year of continuing education credits.
(e) The board shall issue a receipt to each landscape architect promptly upon payment of the annual license fee.
(Acts 1971, No. 2396, p. 3819, §13; Acts 1982, No. 82-345, p. 498, §4; Act 2012-431, p. 1188, §1; Act 2022-265, §1.)
The fees prescribed by this chapter shall be in the following amounts:
(1) The fee for application to the board is one hundred fifty dollars ($150).
(2) The fee for examination or reexamination shall be in an amount as established by the board in order to cover all costs of examination, but in no event shall the fee exceed the actual cost of preparing and administering the examination.
(3) The fee for an original certificate is fifty dollars ($50).
(4) The fee for a duplicate certificate is fifty dollars ($50).
(5) The annual license fee is one hundred fifty dollars ($150).
(6) The delinquent penalty fee is fifty dollars ($50).
(7) The fee for administration of the supplemental examination on the statutes laws governing the practice of landscape architecture in Alabama is one hundred fifty dollars ($150).
(8) The reinstatement fee is three hundred dollars ($300).
(9) The inactive status fee is seventy-five dollars ($75).
(Acts 1971, No. 2396, p. 3819, §14; Acts 1982, No. 82-345, p. 498, §4; Acts 1987, No. 87-157, p. 217, §3; Acts 1991, No. 91-152, p. 191, §3; Acts 1995, No. 95-283, p. 523, §3; Act 2003-60, p. 91, §3; Act 2012-431, p. 1188, §1; Act 2019-186, §1; Act 2022-265, §1.)
The board, subject to the provisions of this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a landscape architect license, may permit the practice of landscape architecture in this state under a landscape architect license issued under the laws of any other state or country, upon payment of the current fee established by the board, and upon submission of all of the following evidence satisfactory to the board:
(1) That the other state or country maintained a system and standard of qualifications and examinations for a landscape architect license which were substantially equivalent to those required in this state at the time the license was issued by the other state or country.
(2) That the other state or country gives similar recognition and endorsement to landscape architect licenses of this state.
(Acts 1971, No. 2396, p. 3819, §6; Acts 1995, No. 95-283, p. 523, §3.)
This chapter shall not be construed to require licensing in the following cases:
(1) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision;
(2) The practice of architecture by a duly registered professional architect and the doing of landscape architectural work by a registered architect or by an employee under supervision of a registered architect, when such work is incidental to their practice;
(3) The practice of engineering by a duly registered professional engineer and the doing of landscape architectural work by a registered engineer or by an employee under supervision of a registered engineer, when such work is incidental to their practice;
(4) The practice of surveying by a duly registered professional land surveyor and the doing of landscape architectural work by a registered professional land surveyor or by an employee under supervision of a registered professional land surveyor, when such work is incidental to their practice;
(5) The practice of landscape architecture by employees of the United States government while engaged within this state in the practice of landscape architecture for the government;
(6) The practice of planning as customarily done by regional or urban planners;
(7) The practice of arborists, foresters, gardeners, home builders, and horticulturists; or
(8) The practice of any nurseryman, general or landscape contractor, such practice to include design, planning, location, and arrangements of plantings or other ornamental features.
(Acts 1971, No. 2396, p. 3819, §9.)
This chapter shall be known and may be cited the “Marriage and Family Therapy Licensure Act.”
(Acts 1997, No. 97-170, p. 247, §1.)
(a) Marriage and family therapy in the State of Alabama is declared to be a professional practice which affects the public safety and welfare and requires appropriate regulation and control in the public interest.
(b) It is the intent of this chapter to establish a regulatory agency, structure, and procedures which will ensure that the public is protected from the unprofessional, improper, unauthorized, and unqualified practice of marriage and family therapy.
(Acts 1997, No. 97-170, p. 247, §2.)
As used in this chapter, the following terms have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADVERTISE. The issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on or in any building, radio or television, transmission or broadcast, or advertising by any media or other means designed to secure public attention.
(2) BOARD. The Alabama Board of Examiners in Marriage and Family Therapy.
(3) MARRIAGE AND FAMILY THERAPIST. A person to whom a valid, current license has been issued pursuant to this chapter.
(4) MARRIAGE AND FAMILY THERAPY ASSOCIATE. An individual who has graduated from a program that meets the board course requirements, has completed the required internship, and is continuing training in marriage and family therapy under a board approved supervisory arrangement to complete a minimum two-year postgraduate supervision requirement prior to applying for his or her marriage and family therapist license.
(5) MARRIAGE AND FAMILY THERAPY INTERN. An individual who is training for designation as a marriage and family therapy associate in accordance with board requirements and under a board approved supervisory arrangement.
(6) PERSON. Any individual, firm, corporation, partnership, organization, political body, or other entity.
(7) PERSON IN TRAINING. An individual who is preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility.
(8) PRACTICE OF MARRIAGE AND FAMILY THERAPY. The process of providing professional marriage and family therapy to individuals, couples, and families, either alone or in a group. The practice of marriage and family therapy utilizes established principles that recognize the interrelated nature of the individual problems and dysfunctions in family members in order to diagnose, assess, and treat mental and emotional disorders within a marriage and family therapy treatment context. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy and psychotherapy, whether the services are offered directly to the general public or through organizations, either public or private, for a fee or other compensation. Marriage and family therapy is a specialized mode of treatment for the purpose of resolving mental and emotional disorders and modifying intrapersonal and interpersonal dysfunctions. The terms “diagnose,” “assess,” and “treat,” as used in this subdivision, when considered in isolation or in conjunction with the rules of the board, shall not be construed to permit the performance of any act which marriage and family therapists are not educated and trained to perform, including, but not limited to, administering and interpreting psychological tests, intellectual, neuropsychological, personality, and projective instruments, admitting persons to hospitals for treatment for the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs, authorizing clinical laboratory procedures or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed pursuant to this chapter to describe or label any test, report, or procedure as “psychological,” or as a “psychological evaluation.” A licensed marriage and family therapist may diagnose and develop treatment plans, but shall not attempt to diagnose, treat, or advise a client with reference to problems or complaints falling outside the boundaries of marriage and family therapy services. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice medicine.
(9) QUALIFIED SUPERVISION. The supervision of clinical services in accordance with standards established by the board. The supervisor shall be recognized by the board as an approved supervisor or other designation indicating an approved supervisory position.
(10) RECOGNIZED EDUCATIONAL INSTITUTION. Any educational institution that grants a bachelor’s, master’s, or doctoral degree and that is recognized by the board and by a regional educational accrediting body or a postgraduate training institute accredited by the Commission on Accreditation for Marriage and Family Therapy Education.
(11) USE A TITLE OR DESCRIPTION. To hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery announcements, calling cards, or other instruments of professional identification.
(Acts 1997, No. 97-170, p. 247, §3; Act 2006-540, p. 1243, §1; Act 2018-285, §1; Act 2022-238, §1.)
Except as otherwise provided, on or after July 1, 1998, it shall be a Class B misdemeanor for a person to do any of the following unless licensed pursuant to this chapter:
(1) Advertise that he or she performs marriage and family therapy or marriage and family counseling services.
(2) Use a title or description such as “marital or marriage therapist, counselor, advisor, or consultant,” or “family therapist, counselor, advisor, or consultant,” or any other name, style, or description denoting that the person is a marriage and family therapist.
(3) Practice marriage and family therapy.
(Acts 1997, No. 97-170, p. 247, §4.)
(a) The following persons shall be exempt from this chapter:
(1) A person practicing marriage and family therapy as part of his or her duties as an employee of a recognized educational institution; a federal, state, county, or municipal governmental institution or agency; a public corporation authorized by Section 22-51-2, which is certified by the Alabama Department of Mental Health pursuant to a contract with the State of Alabama; or an organization that is nonprofit while performing those duties for which the employee was employed by the institution, agency, facility, or organization.
(2) A person in training.
(3) A psychologist, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise.
(4) A professional counselor, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise.
(5) A licensed certified social worker, properly licensed by the State of Alabama, who is practicing within the scope of his or her expertise.
(6) A minister of religion or a nurse when practicing within the scope of his or her expertise.
(b) Nothing in this chapter shall be construed to prevent qualified members of other licensed professional groups, including social workers, attorneys, psychiatric nurses, psychologists, physicians, or professional counselors, or members of the clergy, from providing or advertising that they provide marriage and family therapy or counseling consistent with the accepted standards of their respective professions.
(c) Nothing in this chapter shall be construed to permit marriage and family therapists licensed pursuant to this chapter to administer, dispense, or prescribe drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.
(Acts 1997, No. 97-170, p. 247, §5; Act 2006-540, p. 1243, §1; Act 2022-238, §1.)
(a) There is created the Alabama Board of Examiners in Marriage and Family Therapy. The board shall consist of five members who are residents of this state and appointed by the Governor. In appointing members to the board, the Governor shall coordinate his or her appointments to assure the board’s membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that no two members of the board reside in the same congressional district. The board shall perform the duties and have the powers as prescribed and conferred by this chapter. No member of the board shall be civilly liable for any act performed in good faith for the performance of his or her duties as a member of the board.
(b) The professional membership of the board shall be licensed pursuant to this chapter.
(c) Vacancies on the board shall be filled for the remainder of the unexpired term. Members of the board shall serve until their successors are appointed and have qualified. Board members shall be ineligible for reappointment for a period of three years following completion of their five-year term.
(d) Appointments to the board shall be made by the Governor as provided in this subsection. Not later than October 1 of each year, the Board of Directors of the Alabama Association for Marriage and Family Therapy shall submit to the Governor the names of two qualified candidates for each position on the board to be vacated by reason of expiration of a term of office. From the two candidates, the Governor shall appoint one member to serve on the board for a term of five years. Other vacancies occurring on the board shall be filled for the unexpired term by appointment of the Governor from two candidates for each vacancy submitted by the Alabama Association for Marriage and Family Therapy within 30 days after the vacancy occurs. Composition of the board shall consist of one public member, one marriage and family therapy educator, and three practicing marriage and family therapists.
(e) The Governor may remove a member of the board only for neglect of duty, malfeasance, or conviction of a felony or crime of moral turpitude while in office. Notwithstanding the foregoing, no member may be removed until after a public hearing of the charges against him or her, and at least 30 days’ prior written notice to the accused member of the charges against him or her and of the date fixed for the hearing. No board member shall participate in any matter before the board in which he or she has a pecuniary interest, personal bias, or other similar conflict of interest.
(Acts 1997, No. 97-170, p. 247, §6; Act 2006-540, p. 1243, §1; Act 2009-30, p. 96, §3; Act 2025-160, §3.)
(a) The board may employ a director, secretary, attorneys, experts, and other employees as it may from time to time find necessary for the proper performance of its duties, and for whom the necessary funds are appropriated.
(b) The board shall elect annually a chair and a vice chair. Each member shall receive the same per diem and travel allowance as state employees for each day of attendance at an official meeting of the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any two members of the board. A majority of the current appointed members of the board shall constitute a quorum.
(c) The board shall examine and pass on the qualifications of all applicants and shall issue a license to each successful applicant attesting to his or her professional qualifications as a marriage and family therapist. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board may authorize expenditures deemed necessary to carry out this chapter from the fees which it collects and other available appropriations, but in no event shall expenditures exceed the revenues of the board during any fiscal year. The board may accept grants from foundations, individuals, and institutions to carry on its function.
(d) By rule, the board shall assess and collect fees as required for the enforcement of this chapter.
(Acts 1997, No. 97-170, p. 247, §7; Act 2006-540, p. 1243, §1.)
(a) Each applicant for licensure as a practicing marriage and family therapist shall submit to the board a completed application on forms prescribed by the board. The completed application shall contain the following information:
(1) Satisfactory evidence that the applicant is of good moral character and has not engaged or is not engaged in any practice or conduct that would make the applicant ineligible to receive a license pursuant to Section 34-17A-14.
(2) Satisfactory evidence that the applicant meets the education and experience requirements for licensure pursuant to Section 34-17A-10.
(3) Other information that the board may require.
(b) Applicants also shall pass an examination which has been approved by the board and shall be citizens of the United States or, if not citizens of the United States, legally present in the United States with appropriate documentation from the federal government.
(Acts 1997, No. 97-170, p. 247, §8; Act 2006-540, p. 1243, §1; Act 2009-30, p. 96, §3.)
[Repealed]
Repealed by Act 2006-540, p. 1243, §2, effective July 1, 2006.
(Acts 1997, No. 97-170, p. 247, §9.)
The following education and experience requirements apply to all applicants for licensure who submit a completed application:
(1) Educational requirements: A master’s degree or a doctoral degree in marriage and family therapy from a recognized educational institution, or a graduate degree in an allied field from a recognized educational institution and graduate level course work in marriage and family therapy.
(2) Experience requirements: Successful completion of two calendar years of work experience as a marriage and family therapy associate, following receipt of a qualifying degree.
(Acts 1997, No. 97-170, p. 247, §10; Act 2006-540, p. 1243, §1; Act 2022-238, §1.)
The board shall approve applicants for an examination at least once a year at a time and place designated by the board. Examinations shall include questions in theoretical and applied fields as the board deems most suitable to test the knowledge and competence of the applicant to engage in the practice of marriage and family therapy.
(Acts 1997, No. 97-170, p. 247, §11; Act 2006-540, p. 1243, §1.)
The board shall issue a license by examination of credentials to any person licensed or certified as a marriage and family therapist in another state which has requirements for licensure that are equivalent to or exceed the requirements of this state, provided the applicant submits an application on forms prescribed by the board and pays the original licensure fee prescribed by this chapter.
(Acts 1997, No. 97-170, p. 247, §12.)
(a) A fee, in an amount to be determined by the board, shall be paid to the board for original licensure.
(b) Licenses shall be valid for two years and shall be renewed biennially prior to the expiration date. The amount of the renewal fee shall be determined by the board. Any applicant for renewal of a license that has expired shall also be required to pay a late renewal fee determined by the board.
(c) On or before October 1 of the year preceding expiration of a license, the secretary of the board shall forward to the holder of the license a form of application for renewal thereof. No license shall be renewed unless the renewal request is accompanied by satisfactory evidence of the completion during the previous 24 months of relevant professional and continued educational experience. Upon the receipt of the completed application form, evidence of satisfactory professional and continued educational experience, and the renewal fee, the secretary shall issue a new license for the renewal period.
(d) Necessary administrative fees may be charged by the board, including, but not limited to, reasonable costs for copying, labels, and lists. Examination and license fees may be adjusted as the board shall deem appropriate.
(Acts 1997, No. 97-170, p. 247, §13; Act 2006-540, p. 1243, §1.)
(a) The board may deny, revoke, or suspend a license or designation granted pursuant to this chapter or otherwise discipline a licensee on any of the following grounds:
(1) Conviction of a crime that the board determines to be of a nature as to render the person convicted unfit to practice marriage and family therapy. The board shall compile, maintain, and publish a list of the crimes.
(2) Violation of ethical standards of a nature as to render the person found by the board to be unfit to practice marriage and family therapy. The board shall publish and maintain the ethical standards.
(3) Fraud or misrepresentation in obtaining a license.
(4) Other just and sufficient cause that renders a person unfit to practice marriage and family therapy as adopted by the rules of the board.
(b) Upon finding that a person governed by this chapter has practiced marriage and family therapy, advertised that he or she performs marriage and family therapy or such counseling services, or utilized a title or description denoting that he or she is a marriage and family therapist, without having first obtained a license, the board may do any of the following:
(1) Impose an administrative fine of not more than one thousand dollars ($1,000).
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.
(c) No license or designation may be denied, suspended, or revoked or an individual otherwise disciplined for the reasons set forth in subsections (a) and (b) without prior notice and opportunity for hearing, except that the board may, without prior notice of hearing, suspend for up to one year the license of any person convicted of a crime as set forth in subdivision (1) of subsection (a). The burden of proof shall be on the board in any proceeding to suspend or revoke a license or designation. No license or designation may be denied, suspended, or revoked or an individual otherwise disciplined pursuant to this section except by vote of a majority of the board membership.
(d) Any person may file a complaint with the board seeking denial, suspension, or revocation of a license or designation issued or to be issued by the board or seeking to otherwise discipline an individual for any violation of this chapter or the rules adopted by the board. Complaints shall be in a form prescribed by the board. If the board determines that a complaint alleges facts which, if true, would require disciplinary action or denial, revocation, or suspension of a license or designation, the board shall promptly institute a hearing. Whenever the board is of the opinion that a complaint does not state facts which warrant a hearing, the complaint may be dismissed. The board may institute a hearing for disciplinary action or for denial, suspension, or revocation of a license or designation on its own motion.
(e) Any person may be permitted to intervene and participate in board hearings on disciplinary action or denial, suspension, or revocation of licenses or designations upon a showing of an interest in the proceedings.
(f) Any person whose license has been suspended or revoked may apply to the board for vacation of the suspension or reinstatement of the license or designation.
(g) In addition to any other disciplinary action, the board may levy and collect administrative fines for violations of this chapter or the rules and regulations of the board in an amount not to exceed one thousand dollars ($1,000) for each violation.
(Acts 1997, No. 97-170, p. 247, §14; Act 2006-540, p. 1243, §1; Act 2022-238, §1.)
(a) The board shall conduct its proceedings in accordance with this chapter and the Alabama Administrative Procedure Act, Sections 41-22-1 to 41-22-27, inclusive. Any person may be heard by the board in person or by an attorney. Every vote and official act of the board shall be entered on record. All hearings and rule-making proceedings shall be open to the public. A stenographic record shall be made of every hearing before the board.
(b) The board may administer oaths and take testimony in all matters relating to its duties. The board shall be the sole agency in this state empowered to certify concerning competence in the practice of marriage and family therapy, and the sole board empowered to license for the practice of marriage and family therapy.
(Acts 1997, No. 97-170, p. 247, §15.)
The board shall establish rules, regulations, and procedures as are necessary to the exercise of its functions under this chapter. All rules and regulations shall be promulgated by the board pursuant to the Administrative Procedure Act, Sections 41-22-1 to 41-22-27, inclusive, only after public notice and an opportunity to participate in the rule-making has been afforded all interested persons. Any person, association, corporation, or agency of government shall be permitted to participate in board rule-making proceedings.
(Acts 1997, No. 97-170, p. 247, §16.)
(a) A person who has exhausted all administrative remedies available within the board and who is aggrieved by a final decision of the board is entitled to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery County within 30 days after service of the final decision of the board. Copies of the petition for review shall be served upon the board and the parties of record.
(c) The filing of the petition does not stay enforcement of the decision of the board. The board may grant, or the reviewing court may order, a stay upon appropriate terms.
(d) The review shall be conducted by the court without a jury and shall be confined to the record.
(e) The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decisions of the board or remand the case for further proceedings.
(f) The court may reverse or modify the decision of the board if substantial rights of the appellant have been prejudiced because the disciplinary action of the board involves any of the following circumstances:
(1) A violation of constitutional or statutory provisions.
(2) An excess of the statutory authority of the board.
(3) An unlawful procedure.
(4) An error of law.
(5) A finding unsupported by substantial evidence on the record as a whole.
(6) A finding that is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(Acts 1997, No. 97-170, p. 247, §17.)
(a) In any proceeding before the board involving the granting, suspension, or revocation of a license or in other proceedings in which expert testimony relating to the practice of marriage and family therapy is necessary, the board shall hear evidence from a qualified expert witness or witnesses selected by the parties.
(b) An expert witness who testifies in a board proceeding shall be compensated by the party requesting the testimony. An expert witness selected to testify on behalf of the board, when it is a party to a proceeding, who is an employee of an agency of the State of Alabama, or any of its political subdivisions, shall be permitted to testify without loss of income or other benefits.
(Acts 1997, No. 97-170, p. 247, §18.)
As an additional remedy, the board may proceed in the Circuit Court of Montgomery County to enjoin and restrain any unlicensed person from violating the prohibitions of this chapter. The board shall not be required to post bond.
(Acts 1997, No. 97-170, p. 247, §19.)
After July 1, 1998, any person who violates this chapter shall be guilty of a Class B misdemeanor.
(Acts 1997, No. 97-170, p. 247, §20.)
For the purpose of this chapter, the confidential relations and communications between licensed marriage and family therapists and clients are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed, except in the following circumstances:
(1) As mandated by law.
(2) To prevent a clear and immediate danger to a person or persons.
(3) Where the therapist is a defendant in a civil, criminal, or disciplinary action arising from the therapy, in which case client confidences may be disclosed only in the course of that action.
(4) Where the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant’s right to a compulsory process or the right to present testimony and witnesses in his or her own behalf, or both.
(5) If there is a waiver previously obtained in writing, the information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives therapy conjointly, each family member who is legally competent to execute a waiver shall agree to the waiver referred to in this subdivision. Without a waiver from each family member legally competent to execute a waiver, a therapist may not disclose information received from any family member.
(6) Where there is a duty to warn under the limited circumstances set forth in Section 34-17A-23.
(Acts 1997, No. 97-170, p. 247, §21.)
If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist shall not be competent to testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section shall not apply to custody actions.
(Acts 1997, No. 97-170, p. 247, §22.)
(a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a licensed marriage and family therapist in failing to predict and warn of and protect from a patient’s violent behavior except where the patient has communicated to the marriage and family therapist a serious threat of physical violence against a reasonably identifiable victim or victims.
(b) The duty to warn of or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstance specified in subsection (a). The duty shall be discharged by the marriage and family therapist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.
(c) No monetary liability and no cause of action may arise under this chapter against any person who is a licensed marriage and family therapist under this chapter for confidences disclosed to third parties in an effort to discharge duty arising pursuant to subsection (a) according to subsection (b).
(Acts 1997, No. 97-170, p. 247, §23.)
[Repealed]
Repealed by Act 2006-540, p. 1243, §2, effective July 1, 2006.
(Acts 1997, No. 97-170, p. 247, §24.)
There is established a separate revenue trust fund in the State Treasury to be known as the “Alabama Board of Examiners in Marriage and Family Therapy Fund.” All receipts and disciplinary fines collected by the board under this chapter shall be deposited in this fund and used only to implement this chapter. Monies shall be disbursed only by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board or an authorized designee. 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 stipulated in general appropriations bills and other appropriations bills.
(Acts 1997, No. 97-170, p. 247, §25.)
The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16, inclusive, and shall be reviewed at the same time as the State Board of Medical Examiners.
(Acts 1997, No. 97-170, p. 247, §26.)
A “medical technician,” within the meaning of this chapter, is a person who is engaged in the practice of standardized or experimental technical procedures, the results of which are interpreted by the physician in the diagnosis of disease; provided, that this shall not apply to assistants employed by physicians to make laboratory tests whose results are to be used by such physicians in their private practice of medicine and who assume responsibility for the work so performed.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §8; Code 1940, T. 46, §158.)
Any training school for medical technicians which is listed and approved by the Council on Medical Education and Hospitals of the American Medical Association shall be deemed an approved training school within the meaning hereof. If not so listed and approved, the question of whether such training school has the standing and qualifications to meet the requirements of an approved training school within the meaning of this chapter shall be determined by the State Board of Censors of the Medical Association of the State of Alabama. The Board of Censors shall not approve for the purpose of this chapter any training school unless the same is an institution laboratory (hospital, school, public health laboratory, biological laboratory, clinical laboratory) whose laboratory procedures are under the guidance of a qualified director and which maintains adequate equipment and space as well as a variety of specimens which must number not less than 1,500 per month; provided, that the Board of Censors may approve institution laboratories which provide less than 1,500 specimens per month by requiring of applicants who have received their training thereat a proportionately longer period of training. In the case of hospital or clinical laboratories, the director of the laboratory must be a physician-pathologist; in the case of Board of Health laboratories, the director of the laboratory must hold a Ph.D., or a doctor of medicine degree; provided further, that the Board of Censors may approve institution laboratories which provide less than 1,500 specimens per month, by requiring of applicants who have received their training thereat a proportionately longer period of training.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §16; Code 1940, T. 46, §166.)
Any person practicing as a medical technician except under the immediate direction of a qualified doctor of medicine, or who violates any of the provisions of this chapter, or who shall willfully make any false representation to the board in applying for a certificate shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 and not more than $500.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §15; Code 1940, T. 46, §165.)
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.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §14; Code 1940, T. 46, §164.)
Any person desiring to obtain a certificate of registration as a registered medical technician (R.M.T.) under the provisions of this chapter shall first make application in writing to the board and pay to the secretary-treasurer an application fee of $10. Such applicant shall thereafter appear before the Board of Examination at the time set therefor. Upon such examination the board shall determine that the applicant is over 19 years of age, of good moral character, and has received the minimum preliminary educational requirements. The minimum educational prerequisites shall be high school graduation or its equivalent and one year of college scholastic and laboratory work with credits in chemistry, bacteriology, and biology. The board shall also determine that the applicant has satisfactorily completed a full 12 months’ instruction in an approved training school for medical technicians, or has received prior to the year 1938 an apprenticeship instruction of at least one year under a qualified physician-pathologist who is listed by the Council on Medical Education and Hospitals of the American Medical Association. If the applicant meets the foregoing requirements, the board shall then proceed to examine the applicant in the various departments of laboratory methods: Urinalysis, hematology, clinical bacteriology, clinical parasitology, histopathologic, technic, biochemistry, and serology. If the applicant shall pass the examination to the satisfaction of the board, the board shall cause the name of the applicant to be entered upon the register kept for the purpose and shall cause to be issued to the applicant a certificate of registration authorizing him or her to practice the profession of medical technology in this state as a registered medical technician.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §9; Code 1940, T. 46, §159.)
Registered medical technicians from other states may be registered without examination upon making application therefor, and upon furnishing evidence satisfactory to the board that they possess the qualifications prescribed by this chapter, or the equivalent thereof, and upon payment of a registration fee of $10.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §10; Code 1940, T. 46, §160.)
The certificate of registration herein provided for shall be in such form as may be prescribed by the board and shall be signed by the president and secretary-treasurer, and the seal of the board shall be affixed.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §11; Code 1940, T. 46, §161.)
The board shall have the power to annul and revoke any certificate of registration for incompetency, intemperance, immorality, or unprofessional conduct on the part of the holder of such certificate, after a full and fair investigation and hearing of the charges preferred. Such charges shall be submitted in writing and under oath, and 30 days prior to the hearing thereof a copy of the charges shall be furnished the accused together with a written notice of the time and place where the charges will be heard and determined. The president and secretary-treasurer of the board are hereby empowered to administer oaths to the witnesses at any such hearing, and all witnesses shall be sworn and shall be subject to prosecution for perjury as provided by law; and the accused shall be entitled to representation by council. No revocation shall be made except upon a majority vote of the full board, and upon the revocation of any certificate same shall be null and void, and the secretary-treasurer shall strike the name of the holder thereof from the roll of registered medical technologists.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §12; Code 1940, T. 46, §162.)
The certificate of each registered medical technician shall be annually renewed during the months of October, November, and December. Upon making application for renewal, the applicant shall pay to the board a renewal fee of $1. The failure of any registered medical technician to thus procure a renewal certificate before January 1 of each year shall automatically forfeit his or her right to practice in the State of Alabama as a registered medical technician. Any person who has forfeited his or her rights as in this section provided may obtain reinstatement by making explanation or excuse satisfactory to the board for failure to comply with the provisions hereof, and upon payment of a fee of $2 for the current year.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §13; Code 1940, T. 46, §163.)
The Board of Medical Technicians Examiners for the State of Alabama shall consist of five members who shall be appointed by the Governor, three of whom shall be medical technicians of not less than five years’ experience, one of whom shall be a physician and one a physician-pathologist.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §1; Code 1940, T. 46, §151.)
The Alabama Association of Medical Technicians, through its executive committee, shall submit to the Governor a list containing the names of two regular physicians who are properly qualified as to training, licensure, and ethical standing, two physician-pathologists who are listed by the Council on Medical Education and Hospitals of the American Medical Association and six medical technicians who, in addition to two years’ college instruction, shall have completed a full internship in a school of training listed and approved by the Council on Medical Education and Hospitals of the American Medical Association, or approved by the Alabama State Board of Censors, or who, prior to the time of appointment, had served an apprenticeship instruction of at least one year under a qualified physician-pathologist, and who shall have been engaged in medical technology for not less than five years after completion of training; and the Governor shall appoint the members of the board from the names on the list.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §2; Code 1940, T. 46, §152.)
Each member of the board shall serve for a term of three years and until his or her successor is appointed and qualified. Upon the expiration of the term of a member of the board, the Governor shall appoint his or her successor by the same procedure and in the same manner as the original appointment was made; except, that the names of the medical technicians submitted to the Governor for appointment to the board shall be those only of registered medical technicians, as provided for in this chapter. Any vacancy occurring on the board by reason of death, resignation, or otherwise, shall in like manner be filled by appointment of the Governor for such unexpired term.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §3; Code 1940, T. 46, §153.)
The members of the board shall, as soon as organized and annually thereafter in the month of October, select from their number a president and a secretary-treasurer. The board shall adopt a seal which shall contain appropriate words, and the imprint of such seal shall be placed on all certificates and also on such documents as the board shall direct. The board shall be charged with the duty and responsibility of carrying into effect the purposes and objects of this chapter and to that end, in addition to the specific duties herein set out, shall have full power and authority to make rules to govern its proceedings, and to adopt such measures and take such action generally in all matters pertaining to the operation of this chapter, not inconsistent with the provisions hereof, as to the board shall appear advisable.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §4; Code 1940, T. 46, §154.)
The secretary-treasurer shall keep a record of all meetings of the board and an official register of all applicants for registration under the provisions of this chapter, and shall perform such other duties as may be prescribed by the board. The register shall show the name, age, nativity, and place of residence of each applicant, and also whether the applicant was examined, registered, or rejected under the provisions hereof; and the register shall be prima facie evidence of all matters therein contained and shall be open at all reasonable times to public inspection.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §5; Code 1940, T. 46, §155.)
All moneys received for fees or otherwise under the provisions of this chapter shall be received by the secretary-treasurer and shall be handled and disbursed by such officers in such manner and for such purposes as may be prescribed by the board. The secretary-treasurer shall give bond payable to the board in such sum as the board may direct, conditioned to discharge the duties of the office according to law, which bond shall be approved by the president and the premium therefor paid by the board out of its funds. The secretary-treasurer shall make an annual report to the board, including a financial statement, and containing an itemized statement of all receipts and disbursements and such other information as the board may require.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §6; Code 1940, T. 46, §156.)
The board shall meet at least once in each year for the purpose of holding examinations as in this chapter provided and at such other times as the board may deem expedient. Special meetings of the board shall be called by the secretary-treasurer upon request of the president, or upon the written request of any two members of the board. Three members of the board shall constitute a quorum. Notice of each meeting shall be given each member of the board at least three days before the date of such meeting, and notice of each meeting called for the purpose of holding examinations shall be given to the public press and by mail to each applicant for examination and to every approved training school in Alabama at least 30 days prior to the date of such meeting.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §7; Code 1940, T. 46, §157.)
The secretary-treasurer shall receive a salary commensurate with the duties performed, to be fixed by the board; and each member of the board shall be reimbursed for all expenses necessarily incurred in attending meetings of the board. All fees collected by the board shall be placed to the credit of a fund which is hereby appropriated solely for the use of the board in the execution of an enforcement of the provisions of this chapter, and the payment of salaries, expenses, and other costs herein provided for; provided, that no part of the cost and expense shall be paid out of the treasury. Any funds remaining on hand after the payment of costs and expenses as in this chapter provided may be used by the board for the purpose of elevating the standards of schools of training for medical technicians and of promoting the educational and professional standards of medical technicians and of medical technology in this state.
(Acts 1936-37, Ex. Sess., No. 153, p. 172, §17; Code 1940, T. 46, §167.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §1.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §1.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §2.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §3; Acts 1989, No. 89-243, p. 349, §3.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §6.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §5.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §7.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §8; Acts 1989, No. 89-243, p. 349, §3.)
[Repealed]
Repealed by Act 2017-383, § 5, effective August 1, 2017.
(Acts 1976, No. 499, p. 624, §4.)
The following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:
(1) BOARD. The State Board of Midwifery.
(2) LICENSED MIDWIFE. A practitioner who holds a certified professional midwife credential and is licensed by the board to practice midwifery.
(3) MIDWIFERY. The provision of primary maternity care during the antepartum, intrapartum, and postpartum periods.
(Act 2017-383, §2.)
AMENDED BY ACT 2026-399, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is created and established a State Board of Midwifery to implement and administer this chapter.
(b) The board shall pay all of its expenses from its own funds and no expenses shall be borne by the State of Alabama from the State General Fund.
(c) The board shall consist of seven members appointed by the Governor and subject to confirmation by the Senate, from a list of qualified individuals nominated by the designated organization. Each list shall contain the names of at least two individuals for each position to be filled.
(d) The members of the board shall be appointed for staggered initial terms and subsequent terms shall be for a minimum of four years or until his or her successor has been appointed and qualified.
(e) The board shall meet at least twice each year, conducting its business in person or by electronic methods.
(f) The board shall elect one of its members to serve as chair for a two-year term. The chair may not serve consecutive terms.
(g) The composition of the board shall be as follows:
(1) Four members shall hold a valid certified professional midwife credential from the North American Registry of Midwives. These members shall be appointed from a list of names submitted by the Alabama Birth Coalition or its successor organization. One of these members shall be appointed to an initial term of four years, one to a term of three years, and two to a term of two years.
(2) One member shall be a nurse practitioner. This member shall be appointed to an initial term of four years.
(3) One member shall be a licensed certified nurse midwife or registered nurse licensed under Article 5 of Chapter 21. This member shall be appointed from a list submitted by the Alabama Board of Nursing. This member shall be appointed to an initial term of three years.
(4) One member shall have used midwifery services in the state. This member shall be appointed from a list of names submitted by the Alabama Birth Coalition. This member shall be appointed to an initial term of three years.
(h) When choosing individuals to be considered by the Governor for appointment to the board, the nominating authorities shall strive to assure membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state.
(i) All members of the board shall be immune from individual civil liability while acting within the scope of their duties as board members, unless conduct is unreasonable.
(j) Vacancies shall be filled by the Governor and confirmed by the Senate in the same manner as other appointments are made. In the case of a vacancy, the new appointee shall serve for the remainder of the unexpired term.
(k) Members of the board shall serve without compensation but shall be allowed travel and per diem expenses at the same rate paid to state employees, to be paid from the funds collected for the administration of this chapter, as funds are available.
(l) The board may employ, subject to the State Merit System, investigators, inspectors, attorneys, and any other agents, employees, and assistants as may from time to time be necessary, and may use any other means necessary to enforce this chapter.
(m)(1) A licensed midwife shall file annually with the board the following information on a form prepared by the board and accessible on its website:
a. The total number of births attended by the licensed midwife in the previous year, including births where the licensed midwife was assisting another licensed midwife.
b. The number of maternal transfers to a health care facility from births attended by the licensed midwife, including instances where the licensed midwife was assisting another licensed midwife.
c. The number of infant transfers to a health care facility from births attended by the licensed midwife, including instances where the licensed midwife was assisting another licensed midwife.
d. The total number of maternal deaths from births attended by the licensed midwife, including instances where the licensed midwife was assisting another licensed midwife.
e. The total number of infant deaths from births attended by the licensed midwife, including instances where the licensed midwife was assisting another licensed midwife.
(2) The board shall make the information collected under this subsection available to the public in accordance with federal law.
(n) The board shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2021, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2017-383, §2; Act 2025-166, §3.)
All funds received by the board under this chapter shall be deposited in the State Treasury to the credit of the board and all such funds are to be appropriated to the board to defray the expenses incurred in carrying out this chapter. The expenses shall include printing, stamps, stationery, clerical help, travel, and other necessary expenditures. In all cases, any fee that is received by the board shall not be refunded, and no applicant shall have the right to recover any part of a fee accompanying his or her application for licensure or otherwise paid to the board except on the death, disability, or retirement from practice of any applicant or licensee between payment of any fee and the expiration of his or her current renewal or the issuance of the initial license. The books and records of the board shall be subject to audit in the same manner and to the same extent as any other state agency. The board shall keep a true and accurate account of all funds received by the board and all expenditures made by the board.
(Act 2017-383, §2.)
AMENDED BY ACT 2026-399, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The board shall do all of the following consistent with this chapter:
(1) Approve, renew, suspend, or revoke licenses for the practice of midwifery.
(2) Investigate and conduct hearings regarding complaints against a licensed midwife in order to determine if disciplinary action is warranted.
(3) Establish reasonable licensure fees, including, but not limited to, initial application, renewal, and reinstatement fees.
(4) Develop standardized forms including, but not limited to, a midwife disclosure form, informed consent form, emergency care form, and applications for licensure and renewal.
(5) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for violating this chapter, a board rule, or a condition of a license.
(6) Establish levels of professional liability insurance that must be maintained by a licensed midwife at a limit of no less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) aggregate.
(b)(1) The board shall adopt rules pursuant to the Administrative Procedure Act to implement this chapter in a manner consistent with the most current North American Registry of Midwives Job Analysis and with essential documents developed and published by the Midwives Alliance of North America. The rules shall include, but not be limited to, provision for all of the following:
a. Licensing procedures and requirements.
b. Minimum initial and continuing education requirements for licensure.
c. Standards by which a licensed midwife shall conduct risk assessment.
d. Standards for professional conduct.
e. A standard procedure for investigating complaints.
f. Requirements for clinical internships for individuals seeking midwifery training.
(2) The rules shall ensure independent practice.
(c) A licensed midwife may not administer or perform any of the following obstetric procedures which are outside of the scope of the licensed practice of midwifery:
(1) An epidural, spinal, or caudal anesthetic.
(2) Any type of narcotic analgesia.
(3) Forceps or a vacuum extractor-assisted delivery.
(4) Abortion.
(5) Cesarean section or any surgery or surgical deliver except minimal episiotomies.
(6) Pharmacological induction or augmentation of labor or artificial rupture of membranes prior to the onset of labor.
(7) Except for the administration of local anesthetic, administration of an anesthetic.
(8) Administration of any prescription medication in a manner that violates the Alabama Uniform Controlled Substance Act.
(9) Vaginal birth after a cesarean.
(d) A licensed midwife may not perform either of the following:
(1) Delivery of a diagnosed multiple pregnancy.
(2) Delivery of a baby whose position is diagnosed as non-cephalic at the onset of labor.
(Act 2017-383, §2.)
(a) An individual desiring to be licensed as a midwife shall apply to the board on forms provided by the board. Applicants for licensure shall submit evidence satisfactory to the board that he or she has met all of the following requirements:
(1) Is at least 21 years of age.
(2) Is a citizen of the United States or, if not a citizen of the United States, is legally present in the United States with appropriate documentation from the federal government.
(3) Has obtained a certified professional midwife credential through an education program or pathway accredited by the Midwifery Education Accreditation Council or by another accrediting agency recognized by the United States Department of Education.
(b) Notwithstanding subdivision (3) of subsection (a), the board may license the following:
(1) An applicant who has obtained a certified professional midwife credential prior to January 1, 2020, through a nonaccredited pathway, provided the applicant obtains the Midwifery Bridge Certificate or completes an educational program or pathway accredited by the Midwifery Education Accreditation Council or by another accrediting agency recognized by the United States Department of Education.
(2) An applicant who has maintained licensure in a state that does not require an accredited education, provided the applicant obtains the Midwifery Bridge Certificate or completes an educational program or pathway accredited by the Midwifery Education Accreditation Council or by another accrediting agency recognized by the United States Department of Education.
(c) Licenses shall be valid for a period of 24 months.
(d) Following the contested case provisions of the Administrative Procedure Act, the board may suspend or revoke a license, or it may refuse to grant a license to an applicant for licensure, if the licensee or applicant:
(1) Has obtained a license by means of fraud, misrepresentation, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensure.
(2) Has engaged in unprofessional conduct pursuant to rules adopted by the board.
(3) Has been convicted of any felony.
(4) Has performed an act that exceeds the scope of practice granted by the board to the licensed midwife.
(5) Has had his or her license revoked, suspended, or denied in any other territory or jurisdiction of the United States for any act described in this subsection.
(e) The board shall maintain an up-to-date list of every individual licensed to practice midwifery pursuant to this chapter and individuals whose licenses have been suspended, revoked, or denied. The information on the list shall be available for public inspection during reasonable business hours and the information may be shared with others as deemed necessary and acceptable by the board. The list shall include the name of the individual, the date and the cause of action, the penalty incurred, and the length of the penalty.
(Act 2017-383, §2.)
AMENDED BY ACT 2026-399, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A licensed midwife may provide midwifery care in the setting of the client’s choice, except a hospital.
(b) A licensed midwife shall ensure that the client has signed a midwife disclosure form provided by the board indicating receipt of a written statement that includes all of the following information:
(1) A description of the licensed midwife’s education, training, and experience in midwifery.
(2) Antepartum, intrapartum, and postpartum conditions requiring medical referral, transfer of care, and transport to a hospital.
(3) A plan for medical referral, transfer of care, and transport of the client or newborn or both when indicated by specific antepartum, intrapartum, or postpartum conditions.
(4) Instructions for filing a complaint against a licensed midwife.
(5) A statement that the licensed midwife must comply with the federal Health Insurance Portability and Accountability Act.
(6) The status of a licensed midwife’s professional liability insurance coverage.
(7) References to current evidence regarding the safety of midwifery care in out-of-hospital settings, including a copy of the most recent statement by the American Congress of Obstetricians and Gynecologists on home birth.
(c) A licensed midwife shall ensure that the client has signed an informed consent form provided by the board.
(d) For screening purposes only, a licensed midwife may order routine antepartum and postpartum laboratory analyses to be performed by a licensed laboratory.
(e) After a client has secured the services of a licensed midwife, the licensed midwife shall document an emergency care plan on a form provided by the board.
(f) A licensed midwife shall determine the progress of labor and, when birth is imminent, shall be available until delivery is accomplished.
(g) A licensed midwife shall remain with the client during the postpartal period until the conditions of the client and newborn are stabilized.
(h) A licensed midwife shall instruct the client regarding the requirements of the administration of eye ointment ordered by the Department of Public Health pursuant to Section 22-20-2.
(i) A licensed midwife shall instruct the client regarding the requirements of administration of newborn health screening ordered by the Department of Public Health pursuant to Section 22-20-3.
(j) A licensed midwife shall file a birth certificate for each birth in accordance with the requirements of Section 22-9A-7.
(k) A licensed midwife shall collect clinical data under the Midwives Alliance of North America Statistics Project for each client who initiates care and shall submit a copy of the clinical data collected for each consenting client to the board upon request.
(l) A licensed midwife shall report to the Alabama Department of Public Health pursuant to Chapter 11A, of Title 22, and any other law that requires hospitals or physicians to report to the Alabama Department of Public Health.
(m) A licensed midwife shall provide all information required to be provided to new mothers pursuant to Section 22-20-3.1, and all information required to be provided to new mothers before discharge by hospitals, as defined in Section 22-21-20.
(n) A licensed midwife shall order those tests provided in Section 22-20-3 and any rule adopted by the State Board of Health pursuant to that section relating to the newborn screening program, to all neonates in his or her care.
(o) A licensed midwife may order and administer a urinalysis or blood glucose test as indicated.
(Act 2017-383, §2.)
(a) Except as provided in this section, it shall be unlawful for an individual other than a licensed midwife to practice midwifery in this state for economic remuneration or to hold himself or herself out to be a licensed midwife unless he or she is a licensed midwife as defined in this chapter. An individual violating this section shall be guilty of a Class C misdemeanor.
(b) An individual does not violate subsection (a) in any of the following circumstances:
(1) The individual is a certified nurse midwife acting in accordance with Sections 34-21-80 to 34-21-93, inclusive.
(2) The individual is training under a licensed midwife and is assisting the licensed midwife in the practice of midwifery.
(3) The individual is providing gratuitous assistance at childbirth.
(c) Nothing in this section shall be construed to repeal, abridge, or modify Section 6-5-332, or any other Good Samaritan statute.
(Act 2017-383, §2.)
(a) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, et seq., or any amendment thereto, or any judicial interpretation thereof.
(b) Nothing in this chapter shall be construed as authorizing a licensed midwife to practice medicine or prescribe medicine or drugs.
(Act 2017-383, §2.)
No physician, other health care provider, or hospital shall be civilly or criminally liable for any act or omission or advice, care, or service provided by an individual practicing midwifery outside of a hospital or resulting from the choice of a woman to give birth to a child outside of a hospital, provided the midwife is not employed to practice midwifery by the physician, health care provider, or hospital or is not practicing midwifery as an employee, member, or shareholder of a business entity in which the physician, health care provider, or hospital participates by way of receiving monetary or non-cash income and has actual knowledge of the midwife’s status as an employee, partner, member, or shareholder of the business entity.
(Act 2017-383, §2.)
Individuals licensed as midwives as set forth in this chapter shall be designated Licensed Midwives.
(Act 2017-383, §2.)
Nothing contained in this chapter shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6, commencing with Section 10A-20-6.01, of Chapter 20, Title 10A, provide coverage or reimbursement for the services described or authorized in this chapter.
(Act 2017-383, §4.)
For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) BOARD. The Board of Examiners of Nursing Home Administrators of the State of Alabama.
(2) EXAMINER. A member of the Board of Examiners of Nursing Home Administrators of the State of Alabama.
(3) SECRETARY. The Secretary of the Board of Examiners of Nursing Home Administrators of the State of Alabama.
(4) NURSING HOME ADMINISTRATOR. Any individual who is charged with the general administration of a nursing home, whether or not such individual has an ownership interest in such home and whether or not his or her functions and duties are shared with one or more other individuals.
(5) PROVISIONAL LICENSE. A temporary license issued to a provisional nursing home administrator by the Board of Examiners of Nursing Home Administrators.
(6) PROVISIONAL NURSING HOME ADMINISTRATOR. An individual who has been issued a provisional license by the Board of Examiners of Nursing Home Administrators of the State of Alabama.
(7) PRACTICE OF NURSING HOME ADMINISTRATION. The planning, organizing, directing, and control of the operation of a nursing home.
(8) NURSING HOME. Any institution or facility defined as such for licensing purposes under state law.
(Acts 1969, No. 986, p. 1734, §1.)
No nursing home in the state may operate unless it is under the supervision of an administrator who holds a currently valid nursing home administrator’s license, or provisional license, issued by the Board of Examiners of Nursing Home Administrators. No person shall practice or offer to practice nursing home administration in this state or use any title, sign, card, or device to indicate that he or she is a nursing home administrator unless such person shall have been duly licensed as a nursing home administrator or as a provisional nursing home administrator. In the event a nursing home administrator dies, unexpectedly resigns, becomes incapacitated, or has his or her license revoked, the person or persons then responsible for the management of the nursing home shall immediately notify the Board of Examiners of Nursing Home Administrators and the agency issuing the nursing home license and shall be allowed a reasonable period of time, in accordance with policies adopted by the board, to be established by the agency issuing the nursing home license, not to exceed 180 days from the date of the death, unexpected resignation, incapacitation, or revocation of the license of the nursing home administrator in which to replace the administrator. During the reasonable period of time, the board may issue an emergency permit to a person performing the functions of administrator in such nursing home without being in violation of the provisions of this chapter.
(Acts 1969, No. 986, p. 1734, §2.)
(a) There is a Board of Examiners of Nursing Home Administrators composed of seven members, six original members as set out in this subsection, and an additional consumer member as set out in subsection (b). The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The six original members shall be composed as follows: Three members shall be nursing home administrators duly licensed and registered under this chapter; one member shall be a physician, licensed under the laws of the State of Alabama, who is actively concerned in a practice with the care of chronically ill and infirm, aged patients; one member shall be a hospital administrator; and one member shall be a registered nurse, licensed in Alabama, who has five years’ experience as a geriatric nurse and who is actively serving as a director of nursing in a geriatric facility.
(b) Within 30 days following April 6, 1993, the Governor shall appoint an additional consumer member of the board for a term that is the same as the term of the member who is a licensed registered nurse. The consumer member shall vote in all matters. No consumer member, or a spouse or immediate family member of a consumer member, shall be a licensee of the board or be employed in the nursing home profession.
(c) All members of the board shall be citizens of the United States and shall be residents of the state. Not more than one board member from any United States Congressional District may be appointed to serve at the same time, unless necessary to ensure diversity on the board or to satisfy other board member qualification requirements of this section.
(d) The three members who are licensed nursing home administrators whose terms expire after April 6, 1993, shall each serve a one-year term of office. Successor members shall serve three-year terms and no board member shall serve, in addition to the one-year term provided in this subsection, more than two consecutive full three-year terms. All members shall continue to serve until a successor is appointed by the Governor.
(e) Appointments to the board for those positions to be held by nursing home administrators shall be made by the Governor from a list of three nominees for each position to be submitted to the Governor by the Alabama Nursing Home Association. The appointment to the board of the member for the position to be held by a physician shall be made by the Governor from a list of three nominees to be submitted by the Medical Association of the State of Alabama. The appointment to the board of the member for the position to be held by a hospital administrator shall be made by the Governor from a list of three nominees to be submitted to him or her by the Alabama Hospital Association. The appointment to the board of the member for the position to be held by a licensed registered nurse shall be made by the Governor from a list of three nominees to be submitted to him or her by the Alabama State Nurses Association. In the event the nominating entities and the Governor are unable to nominate or appoint members to the board so that diversity and other requirements of this section are satisfied, the board may submit a substitute list of three nominees to the Governor for appointment who are selected from the state at-large and otherwise qualify for appointment.
(f) The Governor may remove any board member for misconduct, incapacity, incompetence, or neglect of duty after the board member so charged has been served with a written statement of charges and has been given an opportunity to be heard. Absence from any three consecutive meetings of the board within a calendar year, without cause acceptable to the Governor and the board, shall be deemed cause for removal.
(g) Any vacancy created by the death, resignation, or removal of any board member shall be filled by the Governor for the unexpired term in the same manner as required by this chapter to make appointments.
(h) Each member of the board shall receive a per diem fee of not less than fifty dollars ($50) nor more than one hundred dollars ($100) to be determined by the board for the time spent in the performance of official duties. Each member shall be reimbursed for all necessary and proper travel and incidental expenses incurred in implementing this chapter as is provided to state employees by the laws of the State of Alabama and regulations of the State Personnel Director. In setting the per diem fee, the board shall give due consideration to funds which are available for that purpose.
(i) The board shall hold four or more meetings a year. A majority of the members of the board shall constitute a quorum at any meeting except as provided in Section 34-20-14. A majority vote of the members present shall be sufficient to transact the business of the board except as provided in Section 34-20-14. Meetings may be called by the chair or by a majority of the members of the board. Members shall be given seven days’ written notice of all meetings.
(j) The board shall annually elect from its members a chair and a vice chair, at the first meeting of the board held after October 1 of each year, and each shall serve until the first meeting held after October 1 of the following year. In the event of the death, resignation, or removal of the chair from the board, the vice chair shall succeed as chair for the remainder of the unexpired term. In the event of the death, resignation, removal, or succession to the office of chair of a vice chair, a successor shall be elected by the board to fill the remainder of the unexpired term as vice chair. The chair, or in the absence of the chair, the vice chair, shall preside at all meetings of the board. The chair of the board may appoint a secretary to the board, with the consent of the members of the board, who shall serve at the pleasure of the board. The salary of the secretary shall be fixed by the board. The secretary shall be the executive officer to the board but shall not be a member of the board. The secretary shall have those powers and shall perform those duties as are prescribed by law and the rules and regulations of the board. A clerk and sufficient deputy clerks to adequately assist the board and secretary in the keeping of the records and in the performance of their duties may be appointed by the board subject to the Merit System.
(Acts 1969, No. 986, p. 1734, §4; Acts 1980, No. 80-467, p. 731, §1; Acts 1993, No. 93-152, p. 216, §3; Acts 1997, No. 97-157, p. 208, §3; Act 2001-246, p. 290, §3.)
(a) It shall be the function and duty of the board to:
(1) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
(3) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;
(4) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;
(5) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards; and
(6) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.
(b) The board shall have the authority to:
(1) Make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in Section 1908 of the Social Security Act, federal rules and regulations promulgated thereunder and other pertinent federal authority; and
(2) Establish, provide, or approve various education programs or courses for nursing home administrators, and to prescribe rules and regulations requiring applicants for licenses as nursing home administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license, and requiring licensed nursing home administrators to attend such programs or courses as a prerequisite to their being issued any license renewal.
(Acts 1969, No. 986, p. 1734, §5.)
Any party aggrieved by a final decision or order of the Board of Examiners of Nursing Home Administrators suspending, revoking, or refusing to issue a license is entitled to a review of such decision or order by taking an appeal to the circuit court of the county in which the nursing home administrator or applicant resides. In such cases, such appeal shall be taken by filing notice thereof with the register or clerk of the circuit court within 30 days of the date of notice by the board of its decision. Appeals from any order or judgment rendered thereon by the circuit court to the Supreme Court of Alabama shall be available as in other cases.
(Acts 1969, No. 986, p. 1734, §15.)
The Board of Examiners of Nursing Home Administrators is hereby authorized to receive and expend, in carrying out the purposes of this chapter, all sums paid by applicants and registrants as provided in this chapter, and all sums which might be appropriated for such purposes, and are also authorized to receive and expend any funds available for such purposes from the federal government. An annual financial audit shall be conducted of all receipts and expenditures, and a written report of the audit shall be given to each board member.
(Acts 1969, No. 986, p. 1734, §16; Acts 1980, No. 80-467, p. 731, §1.)
The governing body of the Alabama Nursing Home Association shall constitute an advisory council to the Board of Examiners of Nursing Home Administrators, and the Board of Examiners of Nursing Home Administrators shall be required to counsel with the advisory council in connection with the administration of the provisions of this chapter.
(Acts 1969, No. 986, p. 1734, §6.)
(a) The board shall admit to examination for licensure as a nursing home administrator any candidate who submits evidence of good moral character and suitability prescribed by the board and who submits evidence to the board that he or she is at least 19 years of age, a citizen of the United States, or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, that he or she is a high school graduate or has completed an educational program equivalent thereto, and that he or she has completed any additional educational requirements prescribed by the board. Each candidate shall also be required, prior to admission to the examination, to pay an examination fee established by the board pursuant to its rule-making authority.
(b) The board may establish an application fee for the internship or administrator in training (AIT) program and a fee for preceptor, certification, and recertification of the administrator in training (AIT) program pursuant to its rule-making authority.
(Acts 1969, No. 986, p. 1734, §17; Acts 1989, No. 89-238, p. 335, §3; Acts 1993, No. 93-152, p. 216, §3; Act 2009-40, p. 139, §3.)
(a) The board shall determine the subjects of examinations for applicants for licensure, and the scope, content, and format of the examinations, which in any examination shall be the same for all candidates. The examinations shall include examination of the applicant to demonstrate his or her proficiency in the rules and regulations of health and safety. The examination may consist of written or oral questions, or both.
(b) Examinations shall be held at least four times each year, at times and places designated by the board.
(Acts 1969, No. 986, p. 1734, §8; Acts 1993, No. 93-152, p. 216, §3.)
An applicant for a license as a nursing home administrator who has:
shall be issued a license on a form provided for that purpose by the board, certifying that the applicant has met the requirements of the laws, rules, and regulations entitling him or her to serve, act, practice, and otherwise hold himself or herself out as a duly licensed nursing home administrator and has paid a fee established by the board pursuant to its rule-making authority for original licensure.
The board may collect a fee established by the board pursuant to its rule-making authority for the issuance of a temporary emergency permit issued pursuant to Section 34-20-2.
(Acts 1969, No. 986, p. 1734, §9; Acts 1985, No. 85-283, p. 183, §3; Acts 1989, No. 89-238, p. 335, §3; Acts 1993, No. 93-152, p. 216, §3.)
The board may, subject to this chapter and the rules and regulations of the board prescribing the qualifications for a nursing home administrator license, issue a license to a nursing home administrator who has been issued a license by the proper authorities of any other state or issued a certificate of qualification by any national organization, upon complying with the provisions of licensure, payment of a fee established by the board pursuant to its rule-making authority, and upon submission of evidence satisfactory to the board:
(1) That the other state or national organization maintained a system and standards of qualification and examinations for a nursing home administrator license or certificate which were substantially equivalent to those required in this state at the time the other license or certificate was issued by the other state or national organization; and
(2) That the other state gives similar recognition and endorsement to nursing home administrator licenses of this state. The board may charge a fee for completion of a reciprocity questionnaire, pursuant to its rule-making authority.
(Acts 1969, No. 986, p. 1734, §10; Acts 1989, No. 89-238, p. 335, §3; Acts 1993, No. 93-152, p. 216, §3.)
(a) Every individual who holds a valid current license as a nursing home administrator issued by the board under this chapter shall immediately upon issuance have the right and privilege of acting and serving as a nursing home administrator and of using the abbreviation “N.H.A.” after their name. Thereafter, the individual shall annually be required to make application to the board for a renewal of license and to report any facts requested by the board on forms provided for that purpose.
(b) Upon making application for a renewal of license, the individual shall pay an annual license fee established as determined by the board pursuant to the rule-making authority, and, at the same time, shall submit evidence satisfactory to the board that during the year immediately preceding application for renewal he or she has complied with the requirements of the board concerning the continuation of education of nursing home administrators.
(c) Upon receipt of the application for renewal of license, the renewal fee, and the evidence with respect to continuing education, the board shall issue a license renewal to the nursing home administrator.
(d)(1) Failure to secure an annual renewal of a license, based on a failure to meet the continuing education requirements, shall result in the expiration of the license. An expired license may not be “reactivated.” All persons holding an expired license shall be required to submit a new application and follow all procedures for licensure of a new applicant.
(2) A licensee who complies with the continuing education requirements but who does not renew within 90 days following its due date shall be deemed delinquent and may renew within the 90-day period by paying a late renewal fee established by the board pursuant to its rule-making authority. A license that is not renewed within the 90-day period shall be deemed expired, and is subject to reapplication as provided in subdivision (1).
(e) A licensee who holds a current license and who is not practicing as a nursing home administrator may place that license into an “inactive status” upon written application to the board. Any licensee whose license has been placed on inactive status may not engage in the practice of nursing home administration.
(f) A licensee whose license is on an inactive status who wishes to “reactivate” that license may do so by making application to the board. The applicant shall attach proof of having completed 24 hours of approved continuing education credits within one year of making application for license reactivation, and shall pay a reactivation fee established by the board pursuant to its rule-making authority. A licensee may not have his or her license in inactive status for more than five years. After five years in inactive status, the license automatically becomes expired.
(g) The board shall maintain a file of all applications for licensure that includes the following information on each applicant: Residence, name, age, the name and address of his or her employer or business connection, the date of application, educational and experience qualifications, action taken by the board, serial numbers of licenses issued to the applicant, and the date on which the board acted on or reviewed the application.
(h) The board shall maintain a list of current licensees of the board, and shall furnish the list on demand to any person who pays a fee established by the board pursuant to its rule-making authority.
(i) The board shall adopt a program for continuing education for its licensees by October 1, 1991. After that date, successful completion of the continuing education program by board licensees shall be required in order to obtain a renewal license.
(j) Continuing education shall not result in a passing or failing grade.
(Acts 1969, No. 986, p. 1734, §11; Acts 1980, No. 80-467, p. 731, §1; Acts 1989, No. 89-238, p. 335, §§3, 4; Acts 1993, No. 93-152, p. 216, §3.)
(a) The board is hereby authorized to discipline its licensees by the adoption and collection of administrative fines, not to exceed $1,000 per violation and is authorized to institute any legal proceedings necessary to effect compliance with this chapter.
(b) The license of any person practicing or offering to practice nursing home administration or the license of a provisional nursing home administrator may be revoked or suspended by the board, or such person may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this section upon decision and after due hearing in any 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 and safety of the patients of the home in which he or she is administrator;
(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 nursing home administration or in his or 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.
(c) 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 nursing home administrator or having been issued a license as a provisional nursing home administrator; and upon such hearings shall determine the charges upon their merits. If the board determines that disciplinary measure should be taken, the board may revoke his or her license, suspend him or her from practice or reprimand, censure, or otherwise discipline such person.
(d) 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 three 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 the authority to dismiss frivolous or unfounded charges.
(e) 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.
(Acts 1969, No. 986, p. 1734, §13; Acts 1989, No. 89-238, p. 335, §3.)
The board may, for good cause shown, upon such terms as the board may prescribe, reissue a license to any person whose license has been revoked.
(Acts 1969, No. 986, p. 1734, §14.)
(a) It shall be a misdemeanor for any person to:
(1) Sell or fraudulently obtain or furnish any license or aid or abet therein;
(2) To practice as a nursing home administrator under cover of any license illegally or fraudulently obtained or unlawfully issued;
(3) Practice as a nursing home administrator or use in connection with his or her name any designation tending to imply that he or she is a nursing home administrator unless duly licensed to so practice under the provisions of this chapter;
(4) Practice as a nursing home administrator or use in connection with his or her name any designation tending to imply that he or she is a nursing home administrator during the time his or her license issued under the provisions of this chapter shall be expired, suspended, or revoked; or
(5) Otherwise violate any of the provisions of this chapter.
(b) Such misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the county jail for not more than 90 days or by both such fine and imprisonment.
(Acts 1969, No. 986, p. 1734, §12.)
For purposes of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ADVISORY COUNCILS. Advisory councils provided for under the terms of this chapter.
(2) BOARD. The Board of Nursing created hereunder.
(3) COMPACT. The Enhanced Nurse Licensure Compact provided in Article 7.
(4) COORDINATED LICENSE INFORMATION SYSTEM. A licensing integrated database and process for collecting, storing, and sharing nurse licensure and enforcement information that includes all licensed registered nurses and licensed practical/vocational nurses. The system includes all disciplinary history of each nurse, as administered by a nonprofit organization and controlled by licensing boards.
(5) LICENSED PRACTICAL NURSE. A person who is currently licensed to practice practical nursing. For the purposes of the Enhanced Nurse Licensure Compact, practical nursing includes practice as a licensed practical nurse, licensed vocational nurse, or other similarly qualified licensed nurse in any state participating in the compact.
(6) LICENSED PROFESSIONAL NURSE. A person who is currently licensed to practice professional nursing.
(7) MULTISTATE LICENSE. A license to practice as a registered nurse or licensed practical nurse issued by a home state licensing board that allows a licensed nurse to practice in any state authorized to grant multistate licensure privileges under the Enhanced Nurse Licensure Compact.
(8) MULTISTATE LICENSURE PRIVILEGE. A legal authorization associated with a multistate license that allows the practice of nursing as a registered nurse or licensed practical nurse in any state participating in the Enhanced Nurse Licensure Compact.
(9) PRACTICE OF PROFESSIONAL AND PRACTICAL NURSING. Nursing is a profession the practice of which is defined as:
a. Practice of Professional Nursing. The performance, for compensation, of any act in the care and counselling of persons or in the promotion and maintenance of health and prevention of illness and injury based upon the nursing process which includes systematic data gathering, assessment, appropriate nursing judgment and evaluation of human responses to actual or potential health problems through such services as case finding, health teaching, and health counselling; and provision of care supportive to or restorative of life and well-being, and executing medical regimens including administering medications and treatments prescribed by a licensed or otherwise legally authorized physician or dentist. A nursing regimen shall be consistent with and shall not vary any existing medical regimen. Additional acts requiring appropriate education and training designed to maintain access to a level of health care for the consumer may be performed under emergency or other conditions which are recognized by the nursing and medical professions as proper to be performed by a registered nurse.
b. Practice of Practical Nursing. The performance, for compensation, of acts designed to promote and maintain health, prevent illness and injury, and provide care utilizing standardized procedures and the nursing process, including administering medications and treatments, under the direction of a licensed professional nurse or a licensed or otherwise legally authorized physician or dentist. Such practice requires basic knowledge of the biological, physical, and behavioral sciences and of nursing skills but does not require the substantial specialized skill, independent judgment, and knowledge required in the practice of professional nursing. Additional acts requiring appropriate education and training may be performed under emergency or other conditions which are recognized by the nursing and medical professions as proper to be performed by a licensed practical nurse.
(10) SINGLE STATE LICENSE. A nurse license issued by a state participating in the Enhanced Nurse Licensure Compact that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other state.
(Acts 1965, No. 867, p. 1615, §2; Acts 1975, No. 427, p. 1024, §1; Acts 1983, No. 83-642, p. 989, §1; Act 2019-102, §1.)
(a) There is created the Board of Nursing, which shall be composed of 13 members to be appointed and have the duties and powers enumerated in this section. The Governor shall coordinate his or her appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large. As the terms of all board members expire, their successors shall be appointed for terms of four years each. Vacancies in unexpired terms shall be filled in the same manner as original appointments are made. No member shall be appointed to more than two consecutive terms of four years each. Six members of the board shall be licensed professional nurses, one member of the board shall be a licensed professional nurse who is approved to engage in advanced practice nursing in this state, one member of the board shall be a certified registered nurse anesthetist who is approved to engage in advanced practice nursing in this state, four members of the board shall be licensed practical nurses, and one member of the board shall be a consumer.
(b)(1) The Governor shall appoint the seven members of the board who are licensed professional nurses, including the one licensed professional nurse who is approved to engage in advanced practice nursing in this state, from a list of nominees who are selected by the Board of Nursing Nomination Committee and furnished to the Governor by the Alabama State Nurses Association, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees as there are appointments to be made or vacancies to be filled. The Alabama State Nurses Association, or its successor organization, on or before December 1 of each year, or at such other time as necessary, shall furnish the Governor with a list of licensed professional nurses qualified for appointment to the board. In the nominating and appointing process, due care shall be taken to ensure the maintenance of qualified representation from the fields of nursing education, nursing administration, clinical nursing, and advanced practice nursing.
(2) The Governor shall appoint the one at-large member of the board who is a certified registered nurse anesthetist who is approved to engage in advanced practice nursing in this state from a list of at least two nominees furnished to the Governor by the Board of Directors of the Alabama Association of Nurse Anesthetists, or its successor organization. The list of qualified certified registered nurse anesthetists shall be furnished to the Governor on or before December 1 of each year in which the term of office of the member or a nominee of the Board of Directors of the Alabama Association of Nurse Anesthetists, or its successor organization, shall expire, or at such other time as necessary, for an initial appointment to the board beginning January 1, 2026.
(3) The Governor shall appoint two of the four members of the board who are licensed practical nurses from a list of nominees furnished him or her by the Board of Directors of the Licensed Practical Nurses Association of Alabama, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees for the vacancies to be filled. The Board of Directors of the Licensed Practical Nurses Association of Alabama, or its successor organization, on or before December 1 of each year in which the term of office of a board member or a nominee of the Board of Directors of the Licensed Practical Nurses Association of Alabama shall expire, or at such other time as necessary, shall furnish the Governor with the list of licensed practical nurses qualified for appointment to the board.
(4) The Governor shall appoint two of the four members of the board who are licensed practical nurses from a list of nominees furnished him or her by the Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees for the vacancies to be filled. The Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, on or before December 1 of each year in which the term of office of a board member filled by the nominee of the Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, shall expire, or at such other time as necessary, shall furnish the Governor with a list of licensed practical nurses qualified for appointment to the board.
(c) The Governor may remove any member from the board for neglect of duty of the board, incompetency, or unprofessional or dishonorable conduct.
(d) Each individual appointed to the board as a licensed professional nurse shall be a citizen of the United States, be a resident of this state, and have all of the following additional qualifications:
(1) Be a graduate of a state-approved educational program for the preparation of practitioners of professional nursing.
(2) Be a currently licensed professional nurse in this state.
(3) Have a minimum of five years’ successful nursing experience in an administrative, teaching, clinical capacity, or advanced practice.
(4) Be actively engaged in professional nursing in this state immediately preceding and during appointment.
(e) Each individual appointed to the board as a licensed practical nurse shall be a citizen of the United States, be a resident of this state, and have all of the following additional qualifications:
(1) Hold a diploma from an accredited high school or its equivalent.
(2) Be a graduate of a state-approved vocational educational program for the preparation of practitioners of licensed practical nursing.
(3) Be a currently licensed practical nurse in this state.
(4) Have a minimum of five years’ successful nursing experience.
(5) Be actively engaged in licensed practical nursing in this state immediately preceding and during appointment.
(f) The consumer member of the board may not be a member of any of the health care professions. The consumer member shall be appointed by the Governor and shall serve for a term of four years. His or her successor shall be appointed in a like manner at the expiration of each term or upon a vacancy for the remainder of an unexpired term of office. The consumer member of the board, presently or formerly, shall have no direct financial interest in any health care facility, profession, agency, or insurer, or be, or have been, a health care worker.
(g) All members of the board shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.
(h) The board shall meet at least once a year and, at its organizational meeting and at its annual meetings thereafter, shall elect from its members a president, a vice president, and a secretary. The board may hold other and additional meetings during any year as the board deems necessary for the transaction of business. A majority of the board, including one officer, shall constitute a quorum at any meeting.
(i) The board may do any of the following:
(1) Adopt and revise rules, not inconsistent with the law, as may be necessary to carry out this chapter.
(2) Prescribe standards and approve curricula for nursing educational programs preparing individuals for licensing under this chapter.
(3) Provide for surveys and evaluations of programs at times as the board may deem necessary.
(4) Approve nursing educational programs that satisfy the requirements of this chapter and the board. Nothing in this chapter shall be construed to diminish the power of the State Board of Education or any other constitutionally or legislatively established state agency to govern the schools under their respective jurisdictions.
(5) Deny or withdraw approval from educational programs for failure to satisfy prescribed standards. Withdrawal of approval shall be effected only after a hearing in accordance with board rules.
(6) Examine, license, and renew the licenses of qualified applicants and require employers to submit listings of personnel covered by this chapter to the board upon request including, but not limited to, personnel practicing nursing in Alabama under a multistate license, a single state license, or a multistate licensing privilege. The board may issue qualified applicants either a single state license or a multistate license.
(7) Adopt and revise rules providing standards including, but not limited to, scope of practice for student nurse apprenticeships and the issuance of student nurse apprentice permits by the board to eligible students.
(8) Adopt and revise rules providing standards including, but not limited to, scope of practice for certified medication assistants and the issuance of certified medication assistant permits by the board to eligible applicants. For purposes of this chapter, a certified medication assistant is an individual who has successfully completed a board-approved curriculum for assistance with medications, or a comparable program in another state, who holds a valid certification as a medication assistant, and who has been issued a permit pursuant to this chapter. Practice by a certified medication assistant is limited to employment in health care or educational facilities that are licensed, certified, or operated by this state.
(9) Adopt and revise rules providing standards including, but not limited to, scope of practice for certified nursing support technicians and the issuance of permits by the board to eligible applicants. For purposes of this chapter, a certified nursing support technician is an individual who has successfully completed a board-approved curriculum for performing supportive nursing services, or a comparable program in another state, and who has passed a board-approved examination and has been issued a permit pursuant to this chapter. Supportive nursing services do not require the exercise of nursing judgment. A nursing support technician performs supportive nursing services under the supervision of a licensed nurse.
(10) Conduct investigations, hearings, and proceedings concerning alleged violations of this chapter or of the rules of the board.
(11) Issue subpoenas, compel the attendance of witnesses, and administer oaths to individuals giving testimony at hearings.
(12) Cause the prosecution of any individual violating this chapter and incur necessary expenses therefor.
(13) Keep a public record of all of its proceedings.
(14) Keep a register of all licensees.
(15) Make an annual report to the Governor.
(16) Appoint and employ a qualified individual, not subject to the state Merit System nor a member of the board, to serve as the executive officer and administrator and commissioner of the Enhanced Nurse Licensure Compact for Alabama.
(17) Define the duties and fix the compensation of the executive officer and administrator and commissioner of the Enhanced Nurse Licensure Compact for Alabama, with the approval of the Governor and the State Personnel Board as provided in Section 36-6-6.
(18) Employ other individuals as may be necessary to carry on the work of the board and provide for appropriate bonding of employees. Regular employees of the board shall be employed subject to the state Merit System in effect at the time of employment.
(19) Employ consultants, specialists, counsel, or other specially qualified individuals under contract or on a part-time basis to assist the board in administering this chapter and without regard to the state Merit System, and pay for the services of those individuals.
(20) Accept gifts and grants upon terms and conditions imposed by the board through official resolutions.
(21) Perform other duties, not inconsistent with law, as required by this chapter to foster and improve nursing, the regulation of the practice of nursing, and the public health of this state.
(22) Expend funds of the board in exercising board powers and duties and in administering this chapter.
(23) Determine and collect reasonable fees.
(24) Adopt standards for registered and practical nursing practice and for continued competency of licensees.
(25) Join organizations that develop and regulate the national nursing licensing examinations and promote the improvement of the legal standards of the practice of nursing for the protection of the public health, safety, and welfare.
(j) The executive officer employed by the board shall be a citizen of the United States, be an individual of the highest integrity, and possess all of the following additional qualifications:
(1) Be a licensed professional nurse in Alabama or eligible for licensing.
(2) Be a graduate of a professional nursing program approved by the state in which the program was completed.
(3) Hold a master’s degree.
(4) Have had a varied experience in nursing, including at least five years’ experience in an administrative or teaching capacity.
(k) The executive officer shall be bonded for the faithful performance of the duties of the office in the sum of not less than five thousand dollars ($5,000), and the premium of the bond shall be paid out of the funds of the board.
(l) Each member of the board shall receive the same per diem and travel allowance as is paid by law to state employees for each day’s attendance at the board meetings incurred in the discharge of his or her duties as a board member in addition to any daily compensation or allowance, if any, as may be provided by the board, in any amount as may be determined by the board. Any member of the board engaged in duties under the direction of the board shall receive the per diem and travel expenses and daily compensation or allowance authorized by the board.
(m) Nothing in this chapter shall limit the rights of affected parties to appeal decisions of the board with regard to rules adopted pursuant to this chapter.
(n) Participation by the state in the compact provided in Article 7 shall be subject to review and evaluation by the Sunset Committee pursuant to Chapter 20 of Title 41, with the first review occurring in 2024. The Sunset Committee shall determine whether continued participation in the compact is in the best interests of the board or the licensees of the board. The Sunset Committee shall also review and evaluate participation in the compact within one year after the occurrence of any of the following:
(1) The annual assessment charged the board for participation in the compact exceeds one-half of one percent of the gross revenue of the board for the fiscal year immediately preceding the levying of the annual assessment.
(2) The state, the board, or members or employees of the state or board are named defendants in a suit brought in any court of law or equity by the Interstate Commission of Nurse Licensure Compact Administrators pursuant to Article 7.
(3) The passage of a resolution by either house of the Legislature requesting review pursuant to Section 41-20-3(d).
(Acts 1965, No. 867, p. 1615, §3; Acts 1975, No. 427, p. 1024, §1; Acts 1983, No. 83-642, p. 989, §2; Acts 1989, No. 89-243, p. 349, §3; Acts 1997, No. 97-598, p. 1054, §1; Act 2009-15, p. 29, §3; Act 2017-46, §3; Act 2019-102, §1; Act 2021-275, §1; Act 2024-249, §1; Act 2024-250, §1; Act 2025-246, §3.)
(a) The Alabama Board of Nursing, by rule, may do the following:
(1) Determine what nursing care tasks may or may not be delegated by licensed nurses who provide nursing care in a residential community health setting to unlicensed health care workers, provided specific tasks that require the exercise of independent nursing judgment or intervention may not be delegated.
(2) Establish standards of practice by a licensed nurse who delegates nursing care tasks pursuant to subdivision (1).
(b) No department, board, or other agency, other than the Alabama Board of Nursing, may require licensed nurses who provide nursing care in a residential community health setting to receive any additional certification or training in order to delegate nursing care tasks to unlicensed health care workers.
(Act 2021-317, §1.)
The board shall appoint advisory councils as the board shall, from time to time, deem advisable to represent health disciplines and consumers. Each member of such advisory council appointed by the board shall receive $30 per day for attendance at meetings of such advisory council or for attendance at the board meetings or otherwise engaged under the direction of the board, together with necessary travel and other expenses incurred in the discharge of such duties.
(Acts 1965, No. 867, p. 1615, §4; Acts 1975, No. 427, p. 1024, §1.)
All funds and revenues of whatever kind authorized or collected under the provisions of this chapter or the regulations of the board shall be collected by the board and shall be handled in accordance with existing regulations and accounting procedures of state departments and deposited in the board’s trust fund in the State Treasury. Disbursements and withdrawals of such funds by the board shall be made in accordance with existing regulations and accounting procedures of state departments. The board shall pay all of its expenses from its own funds, and no expenses shall be borne by the State of Alabama from general funds of the state.
All the rights, duties, powers, and authority now or hereafter vested by law in the Board of Nurses’ Examiners and Registration are hereby transferred to and vested in the Board of Nursing, and all rights, powers, duties, and authorities, whether clerical, executive, administrative, judicial, or quasi-judicial, now vested by law in the Board of Nurses’ Examiners and Registration, shall be vested in the Board of Nursing hereby created and shall be exercised by it, together with any additional rights, powers, and authorities herein given or created by this chapter. The jurisdiction, functions, funds, effects, and personnel of the Board of Nurses’ Examiners and Registration are hereby transferred to the Board of Nursing and covered with their current status. No unexpended funds of the Board of Nurses’ Examiners and Registration or the Board of Nursing shall ever revert to the State of Alabama but shall remain the property of the Board of Nursing.
(Acts 1965, No. 867, p. 1615, §9.)
An institution desiring to conduct a nursing educational program to prepare professional or practical nurses shall apply to the board and submit evidence that: It is prepared to carry out the prescribed minimum standards to educate students in professional nursing or in practical nursing and that it is prepared to meet such other standards as shall be established by this chapter or by the board.
The board shall cause a survey to be made of the institution and its proposed educational program. If the survey reveals and the board is of the opinion that all requirements for an approved nursing educational program are met, it shall approve the institution.
The board, as often as deemed necessary, shall survey all nursing educational programs in the state. Should such survey reveal that the institution conducting such nursing educational program is not maintaining the standards required by the board, notice shall be given to the institution in writing, specifying deficiencies. Should an institution fail to correct the deficiencies to the satisfaction of the board within a reasonable length of time, the board shall disapprove the nursing educational program of such institution; provided, the institution may again qualify for approval if all requirements and standards are met.
(Acts 1965, No. 867, p. 1615, §10.)
This chapter does not prohibit: The furnishing of nursing assistance in an emergency; the practice of any legally qualified nurse of another state, who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties; the practice of nursing by students enrolled in approved schools of nursing, as may be incidental to their course of study, nor shall it prohibit such students working as nursing aides; the practice of any currently licensed registered nurse or licensed practical nurse of another state whose employment responsibilities include transporting patients into, out of, or through this state or who is presenting educational programs or consultative services within this state not to exceed 30 days; persons, including nursing aides, orderlies, and attendants, carrying out duties necessary for the support of nursing services, including those duties which involve supportive nursing services performed in hospitals and elsewhere under the direction of licensed physicians or dentists, or under the supervision of professional nurses licensed hereunder, nor gratuitous nursing of the sick by friends or members of the family, nor the care of the sick when done in accordance with the practice of religious principles or tenets of any well recognized church or denomination which relies upon prayer or spiritual means alone for healing.
(Acts 1965, No. 867, p. 1615, §12; Acts 1983, No. 83-642, p. 989, §3.)
Any person or persons, firm, partnership, association, or corporation, who shall sell or fraudulently obtain or furnish any nursing diploma, license, or license renewal or aid or abet therein; or practices nursing as defined in this chapter under cover of any diploma, license, or renewal license fraudulently obtained or issued under fraudulent misrepresentation or, after January 1, 1968, practices professional nursing as defined in this chapter or, after January 1, 1971, practices practical nursing as defined in this chapter, unless duly licensed to do so under the provisions hereof; or uses in connection with his or her name any designation implying or tending to imply that he or she is a licensed professional nurse and licensed to practice as a registered nurse, or a practical nurse licensed to practice practical nursing as a licensed practical nurse, unless duly licensed to practice under the provisions of this chapter; or after January 1, 1968, practices professional nursing or, after January 1, 1971, practices practical nursing during the time his or her license issued under the provisions of this chapter shall be suspended, revoked, or has expired; or conducts a nursing education program for the preparation of professional or practical nurses, purporting eligibility of its graduates for license hereunder, unless the program has been approved by the board; or knowingly conceals information relating to violations of this chapter; or otherwise violates any of the provisions of this chapter, shall be guilty of a Class A misdemeanor and upon conviction, shall be punished in accordance with the laws of the State of Alabama.
(Acts 1965, No. 867, p. 1615, §13; Acts 1983, No. 83-642, p. 989, §4.)
Notwithstanding any other provision of law, the Board of Nursing may accept personal checks from licensees for the payment of license and other fees required by the board. The board may also promulgate the necessary rules and regulations to penalize any licensee who issues a worthless check to the board.
(Act 2001-239, p. 281, §5.)
In order to safeguard life and health, any person practicing or offering to practice professional nursing or practical nursing in this state, for compensation, shall hereafter be required to submit evidence that he or she is qualified so to practice and shall be licensed as hereinafter provided. After January 1, 1968, it shall be unlawful for any person not licensed under the provisions hereof to practice or offer to practice professional nursing, for compensation, in this state. After January 1, 1971, it shall be unlawful for any person not licensed under the provisions hereof to practice or offer to practice practical nursing, for compensation, in this state. It shall be unlawful for any person employed for compensation and not licensed under the provisions hereof to use any sign, card, or device to indicate that such person is a professional registered nurse or a licensed practical nurse.
(Acts 1965, No. 867, p. 1615, §1.)
(a) Each applicant for a multistate license as a registered nurse or licensed practical nurse, and each applicant for initial licensure by endorsement as a registered nurse or licensed practical nurse, shall submit a full set of fingerprints to the board for the purpose of obtaining a state and national criminal history background check.
(b) Fingerprints obtained pursuant to subsection (a) may be exchanged by the board, the Alabama State Law Enforcement Agency or any successor entity thereof, or any channeler approved by the board, with the Federal Bureau of Investigation for the purpose of obtaining a state and national criminal history background check.
(c) The applicant or licensee shall be responsible for all costs associated with the submission of his or her fingerprints and obtaining a state and national criminal history background check. The board may incorporate those costs into the cost of licensure or may charge the applicant or licensee a separate fee, which may be payable to the board, the Alabama State Law Enforcement Agency or any successor entity thereof, or the approved channeler, as appropriate.
(d) Information received by the board pursuant to a state and national criminal history background check shall be confidential and shall not be a public record, except that any information received by and relied upon by the board in denying the issuance of a license or revoking, suspending, or disciplining a license or licensee may be disclosed as necessary to support the denial or revocation, suspension, or other disciplinary action.
(Act 2019-102, §2.)
(a) An applicant for a license to practice professional nursing as a registered nurse shall submit to the board written evidence of qualification, verified by oath, that such applicant is of good moral character, holds a diploma from an accredited high school or, in the opinion of the board, the equivalent thereof, has successfully completed an educational program in a school of nursing approved by the board, and is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) A license to practice professional nursing as a registered nurse may be obtained in the following manners:
(1) BY EXAMINATION. The applicant shall be required to pass an examination on such subjects as the board may determine; and, upon successfully passing such examination, the board shall issue such applicant a license.
(2) BY ENDORSEMENT. The board may issue a license to practice professional nursing as a registered nurse to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, or foreign country, if, in the opinion of the board, such applicant meets the qualifications required of registered nurses in this state at the time of his or her graduation. There shall be no license to practice professional nursing granted by the previously known waiver method.
(3) BY TEMPORARY PERMIT. The board may issue temporary permits to practice professional nursing to graduates of approved schools of nursing pending completion of licensing procedures; to qualified applicants pending licensure procedures under subdivision (2); and to those nurses licensed by other states who will practice in this state for a period of one year or less, subject to the discretion of the board.
(c) Any person who holds a license to practice professional nursing as a registered nurse in this state shall have the right to use the title “registered nurse” and the abbreviation “R.N.” No other person shall assume or use such title or abbreviation or other words, letters, signs, or devices to indicate that the person using the same is licensed to practice professional nursing as a registered nurse.
(d) Any person holding a license or certificate of original registration to practice nursing as a registered nurse, issued by the Alabama Board of Nurses’ Examiners and Registration and which was valid on December 31, 1965, shall be eligible for licensing to practice professional nursing as a registered nurse under this chapter.
(e) An applicant for a license to practice professional nursing in Alabama may apply for either a single state license or a multistate license.
(Acts 1965, No. 867, p. 1615, §15; Acts 1975, No. 427, p. 1024, §1; Act 2009-15, p. 29, §3; Act 2019-102, §1.)
(a) An applicant for a license to practice practical nursing as a licensed practical nurse shall submit to the board written evidence of qualification, verified by oath, that the applicant is of good moral character, is a high school graduate and holds a diploma from an accredited high school, or in the opinion of the board, the equivalent thereof, has successfully completed an educational program of at least one year’s duration in a school of practical nursing, approved by the board, and is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) A license to practice as a licensed practical nurse may be obtained in the following manners:
(1) BY EXAMINATION. The applicant shall be required to pass an examination on such subjects as the board may determine; and, upon successfully passing such examination, the board shall issue such applicant a license.
(2) BY ENDORSEMENT. The board may issue a license to practice practical nursing as a licensed practical nurse to an applicant who has been duly licensed as a licensed practical nurse (irrespective of the title or designation granted when such license was issued) under the laws of another state, territory, or foreign country, if, in the opinion of the board, such applicant meets the requirements for licensed practical nurses in this state at the time of his or her graduation. There shall be no license to practice practical nursing granted by the previously known waiver method.
(3) BY TEMPORARY PERMIT. The board may issue a temporary permit to practice practical nursing as a licensed practical nurse to graduates of approved schools of practical nursing pending the completion of licensing procedures in Alabama and to qualified applicants pending licensing procedures under subdivision (2).
(c) Any person who holds a license to practice practical nursing as a licensed practical nurse in this state shall have the right to use the title “licensed practical nurse” and the abbreviation “L.P.N.” No other person shall assume or use such title or abbreviation or any other words, letters, signs, or devices to indicate that the person using the same is licensed to practice practical nursing as a licensed practical nurse.
(d) Any person holding a license or certificate of original registration to practice practical nursing as a licensed practical nurse, issued by the Alabama Board of Nurses’ Examiners and Registration and issued by the board and which was valid on December 31, 1965, shall hereafter be eligible for licensing to practice practical nursing as a licensed practical nurse under the provisions of this chapter.
(e) An applicant for a license to practice practical nursing in Alabama may apply for either a single state license or a multistate license.
(Acts 1965, No. 867, p. 1615, §6; Acts 1975, No. 427, p. 1024, §1; Acts 1983, No. 83-642, p. 989, §5; Act 2009-15, p. 29, §3; Act 2019-102, §1.)
(a) The license of every professional nurse licensed under the provisions of this chapter shall be renewed biennially, and the term of the license shall be two years. Applicants for renewal shall apply for and complete the renewal application and forward same to the board, along with the renewal fee, during the renewal period that shall from time to time be specified by the board. The board shall examine and verify the accuracy of the application and, if in order, shall issue a renewal receipt for a license period of two years.
(b) The license of every practical nurse licensed as a licensed practical nurse under the provisions of the chapter shall be renewed biennially, and the term of the license shall be two years. Applicants for renewal shall apply for and complete the renewal application and forward same to the board, along with the renewal fee, during the renewal period that shall from time to time be specified by the board. The board shall examine and verify the accuracy of the application and, if in order, shall issue a renewal receipt for a license period of two years.
(c) Any person practicing nursing who allows his or her license to lapse by failing to renew, as hereinafter provided, may be reinstated and licensed by the board upon satisfactory explanation of such failure and upon payment of the required fees. The board is hereby authorized under its rule-making powers to provide for an inactive license status for licensees under this chapter and to collect such fees as the board determines for such inactive license.
(d) It shall be unlawful for any person to practice professional nursing in this state during the time his or her license to practice has lapsed, and such person shall be subject to the penalties of this chapter. It shall be unlawful for any person to practice practical nursing in this state during the time his or her license so to practice has lapsed, and such person shall be subject to the penalties of this chapter.
(e) A nurse not actively practicing professional nursing in Alabama, or not actively practicing practical nursing in Alabama, shall not be required to renew his or her license; but such person shall, prior to resuming the practice of professional nursing, or the practice of practical nursing, submit evidence of continued competence satisfactory to the board and secure a renewal license before reengaging in the active practice of professional nursing or in the active practice of practical nursing, as the case may be.
(f) The board shall adopt a continuing education program by October 1, 1991. After that date, successful completion of the continuing education requirements shall be a requisite for license renewal.
(g) Provided, however, under the provisions of this section, continuing education shall not result in a passing or failing grade.
(Acts 1965, No. 867, p. 1615, §7; Acts 1975, No. 427, p. 1024, §1; Acts 1983, No. 83-642, p. 989, §6; Acts 1989, No. 89-243, p. 349, §§3, 4.)
The board shall set the fees and charges annually for the services under this chapter.
(Acts 1965, No. 867, p. 1615, §8; Acts 1975, No. 427, p. 1024, §1; Acts 1983, No. 83-642, p. 989, §7.)
(a) For disciplinary purposes, the board may adopt, levy, and collect administrative fines not to exceed one thousand dollars ($1,000) per violation and may institute any legal proceedings necessary to effect compliance with this chapter against the holder of any license, permit, certificate, or approval issued by the board or the holder of a multistate privilege to practice nursing in this state.
(b)(1) The board may also deny, revoke, place on probation with conditions for continued practice, suspend, require the evaluation of, impose continuing education requirements upon, or otherwise discipline any applicant for or holder of any license, permit, certificate, or approval issued by the board or holder of a multistate privilege to practice in this state, upon proof of any of the following regarding the applicant for or holder of any license, permit, certificate, approval, or multistate privilege to practice in this state:
a. Is guilty of fraud or deceit in procuring or attempting to procure a license.
b. Has been convicted of a felony.
c. Is guilty of a crime involving moral turpitude or of gross immorality that would tend to bring reproach upon the nursing profession.
d. Is unfit or incompetent due to the use of alcohol, or is addicted to the use of habit-forming drugs to an extent as to render him or her unsafe or unreliable as a licensee.
e. Is unable to practice nursing with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
f. Has been convicted of any violation of a federal or state law relating to controlled substances.
g. Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health.
h. Has willfully or repeatedly violated this article, as defined by board rules.
i. Has been sentenced to a period of continuous incarceration serving a penal sentence for the commission of a misdemeanor or felony. The disciplinary action shall remain in effect until the board acts upon the application of the licensee for reinstatement of the license.
(2) The board may refrain from or delay taking disciplinary action under this subsection if a licensee may be voluntarily treated or rehabilitated pursuant to subsection (j).
(c) Whenever a written complaint is made to the board that an individual has committed any of the acts or has come within any of the provisions enumerated in subsection (b), the board shall investigate the complaint and may bring an action in its own name to hear and determine the complaint. The hearing shall be held in Montgomery County. The individual whose qualification is under consideration shall have not less than 20 days’ written notice of the time and place of the initial hearing, and the notice shall be accompanied by a copy of the complaint. The notice may be served upon the accused individual by any sheriff of this state. If the accused individual is out of the state, evades service, or cannot be served in person, then service may be made by mailing, by registered or certified mail, the notice and a copy of the complaint to the accused individual at his or her last known mailing address in this state, and the return shall show that service has been made in this manner.
(d) At the hearing, the complainant, the individual whose qualification is under consideration, and any other individual permitted by the board, may introduce all oral or written testimony, or both, as the board deems relevant to the issues involved, and may be heard in person or by counsel, or both. The board may permit the complaint to be amended, but no amendment shall be permitted which is not germane to the charge or charges sought to be amended or which materially alters the nature of any offense charged. The board may determine all questions as to the sufficiency of the complaint, procedure, and admissibility and weight of evidence. If the individual whose qualification is under consideration is absent, the hearing may proceed in his or her absence.
(e) Any accused individual, complainant, or other party and the board may subpoena witnesses or pertinent records for the hearing, and those subpoenas may be served by any sheriff of this state. Witnesses may be sworn by the president of the board or by the individual discharging the duties of the president. Witnesses testifying at a hearing shall upon discharge as a witness be paid by the party requesting the subpoena an amount not to exceed the per diem expense allowed to state employees for in-state travel and the actual cost of transportation to and from the place of the hearing, not to exceed the mileage rate allowed to state employees for in-state travel.
(f) Evidence may also be taken by deposition, and the law and practice as to depositions in circuit courts shall be followed in all reasonable respects.
(g) If the accused individual is found guilty of the charges, the board may refuse to issue a license, may revoke or suspend a license, or may otherwise discipline a licensee. A revoked license may be considered for reinstatement after one year in accordance with board rules.
(h) Any individual whose license is ordered suspended or revoked may appeal to the circuit court or a court of like jurisdiction of Montgomery County, from any order of the board under this section, within 30 days from the date of the decision of the board. The trial of appeals shall be conducted in like manner, as nearly as may be, as provided for in the Alabama Administrative Procedure Act.
(i) Any organization, registered nurse, licensed practical nurse, or other individual who in good faith reports information to the board alleging that any individual licensed or applying for a license to practice nursing may be guilty of the acts, offenses, or conditions set out in Section 34-21-7 or subsection (b), shall not be liable to any individual for any statement or opinion made in that report.
(j) The board shall establish a voluntary Disciplinary Alternative Program to promote early identification, intervention, treatment, and rehabilitation of any licensed nurse whose competence is found to be impaired or compromised because of the use or abuse of drugs, alcohol, controlled substances, chemicals, or other substances or as a result of a physical or mental condition rendering the licensee unable to meet the standards of the nursing profession. The intent of the program is to provide a voluntary alternative to traditional disciplinary actions.
(1) When a registered nurse or licensed practical nurse voluntarily seeks treatment for use or abuse of drugs, controlled substances, alcohol, chemicals, or other substances, or has a physical or mental condition that would render the individual unable to meet the standards of the nursing profession, the board may refrain from taking disciplinary action under subsection (b) if the board determines that the licensee may be treated or rehabilitated effectively and that there is no danger to the public. Upon voluntarily seeking treatment, the licensee is subject to the requirements of the Disciplinary Alternative Program established by the board.
(2) The board may establish, develop, adopt, and revise rules, and may adjust the license renewal fee as necessary to implement this subsection.
(3) The board may appoint an Advisory Council for the Disciplinary Alternative Program pursuant to Section 34-21-3.
(4) The board may contract with specially qualified individuals or corporations, or both, to assist the board in administering the Disciplinary Alternative Program.
(5) The board shall establish by rule criteria for eligibility to participate in the Disciplinary Alternative Program and requirements for successful participation in and completion of the program.
(6) Subject to Section 34-21-125, all records of a licensee who successfully completes the Disciplinary Alternative Program shall be confidential, not subject to public disclosure, and not available for court subpoena or for discovery proceedings. The records of a licensee who fails to comply with the program agreement or who leaves the state prior to the successful completion of the program are not confidential. Information regarding the participation of a licensee in the Disciplinary Alternative Program reported to the coordinated licensure information system pursuant to Section 34-21-125 shall be made available solely to other state boards of nursing and shall not be disclosed to the public by the coordinated licensure information system. Upon successful completion of the Disciplinary Alternative Program, all information regarding participation of the licensee in the Disciplinary Alternative Program shall be expunged from the coordinated licensure information system.
(7) Nonpublic or confidential data submitted to the coordinated licensure information system by the board may not be distributed to any nonparty state, organization, individual, or entity, or any foreign government or an agent, entity, or representative of a foreign government, without the express written approval of the board.
(8) On request and payment of a certified verification fee, the board shall provide a registered nurse or licensed practical nurse licensed by this state with a copy of any information regarding the nurse maintained by the coordinated licensure information system under Article 7.
(9) The board is not obligated to provide information that is not otherwise available to the board or information that is not available to the licensee under the laws of the state contributing the information to the coordinated licensure information system or that has been designated as available only to other boards of nursing by the state contributing the information to the coordinated licensure information system.
(10) Nothing in this subsection shall limit the authority of the board to discipline an impaired licensee subject to its jurisdiction.
(k) The board may adopt rules imposing a nondisciplinary administrative penalty for designated violations of this chapter.
(Acts 1965, No. 867, p. 1615, §11; Acts 1983, No. 83-642, p. 989, §8; Acts 1989, No. 89-243, p. 349, §3; Acts 1993, No. 93-183, p. 272, §3; Act 2009-15, p. 29, §3; Act 2019-102, §1; Act 2024-249, §1.)
After January 1, 1968, the practice of professional nursing by any person who has not been issued a license under the provisions of this article, or whose license has been suspended, revoked, or has expired, is hereby declared to be inimical to the public welfare and to constitute a public nuisance. After January 1, 1971, the practice of practical nursing by any person who has not been issued a license under the provisions of this article, or whose license has been suspended, revoked, or has expired, is hereby declared to be inimical to the public welfare and declared to be a public nuisance. After January 1, 1968, the Board of Nursing of the State of Alabama may apply to any court of competent jurisdiction for an injunction to enjoin any person from practicing professional nursing, who has not been issued a license to practice professional nursing or whose license therefor has been suspended or revoked or has expired, and after January 1, 1971, the Board of Nursing of the State of Alabama may apply to any court of competent jurisdiction for an injunction to enjoin any person from practicing practical nursing who has not been issued a license to practice practical nursing or whose license therefor has been suspended or revoked or has expired.
Injunctions under this section shall be applied for in accordance with the civil remedies and procedures of the State of Alabama under Article 10 of Chapter 6 of Title 6 of this code and under the Alabama Rules of Civil Procedure.
Applications for injunctions hereunder shall be in addition to and not in lieu of all penalties and other remedies provided for in this chapter.
(Acts 1965, No. 867, p. 1615, §14.)
To meet the health care needs of the citizens of Alabama and to cope with the rapidly changing methods of health care delivery, the Alabama Board of Nursing is authorized and directed to provide quality continuing education programs, seminars, and workshops to acquaint and educate nurses in the most current and modern nursing procedures. These continuing education programs in nursing shall be designed to insure that nurses will be educated in the latest technics of health care delivery.
(Acts 1976, No. 749, p. 1030, §1; Acts 1977, No. 758, p. 1298, §1.)
The Alabama Board of Nursing is authorized and directed to develop continuing education programs designed to meet the criteria outlined in Section 34-21-40. The Alabama Board of Nursing is authorized to make grants, contracts, appropriations, and to otherwise arrange with qualified individuals, institutions, or agencies to develop and implement comprehensive nursing education programs, seminars, and workshops that will insure the promotion, dissemination, and availability of modern nursing and health care technics to the citizens of Alabama.
(Acts 1976, No. 749, p. 1030, §2; Acts 1977, No. 758, p. 1298, §2.)
The Board of Nursing is hereby authorized and directed to establish plans, programs, and criteria sufficient to carry out continuing education programs for nurses outlined in Sections 34-21-40 and 34-21-41.
(Acts 1976, No. 749, p. 1030, §3; Acts 1977, No. 758, p. 1298, §3.)
All expenses in developing and conducting educational programs, seminars, and workshops under this article shall be paid from funds of the Board of Nursing. No expenses shall be borne by the State of Alabama from the General Fund of the state.
(Acts 1976, No. 749, p. 1030, §4; Acts 1977, No. 758, p. 1298, §4.)
There shall be established for the fiscal year ending September 30, 2012, scholarships for graduate education of nurses. These scholarships shall be awarded to applicants from the State of Alabama at large. They shall be distributed, insofar as practicable, throughout the state. The number of scholarships shall equal five percent of the total enrollment in graduate nursing programs in Alabama. Each scholarship is limited to ten thousand dollars ($10,000).
(Acts 1977, 1st Ex. Sess., No. 68, p. 1491, §1; Act 2012-262, p. 507, §1.)
(a) To be eligible to receive a scholarship provided by this article, an applicant shall satisfy all of the following requirements:
(1) Be a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application.
(2) Be a person of good character.
(3) Have an active, unencumbered license as a professional nurse in Alabama.
(4) Be accepted for an Alabama graduate program conducted by an accredited college or university.
(5) Agree to practice professional nursing or become a nursing instructor in the State of Alabama for at least two years after completing the graduate degree.
(b) The recipient of these scholarships may apply to the Board of Nursing for a waiver from these requirements for extenuating circumstances beyond the control of the recipient.
(c) Preference shall be given to applicants pursuing a career in nursing education.
(d) These scholarships shall be available to applicants seeking master’s or doctorate degrees in nursing. Doctorate degrees in education are also acceptable provided the applicant holds a graduate degree in nursing.
(e) Application for these scholarships shall be made to the Alabama Board of Nursing. The Board of Nursing shall receive five percent of the total appropriation to administer the scholarships.
(Acts 1977, 1st Ex. Sess., No. 68, p. 1491, §2; Act 2012-262, p. 507, §1.)
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.
(Acts 1977, 1st Ex. Sess., No. 68, p. 1491, §3; Act 2012-262, p. 507, §1.)
Any appropriation made to fund the scholarships may be made through the Education Trust Fund to the Alabama Board of Nursing for each fiscal year.
(Acts 1977, 1st Ex. Sess., No. 68, p. 1491, §4; Act 2012-262, p. 507, §1.)
The Legislature of the State of Alabama declares that the recognition and regulation of all areas of advanced practice nursing and the collaborative practices between licensed physicians and certified registered nurse practitioners and certified nurse midwives are essential to protect and maintain the public health and safety.
(Acts 1995, No. 95-263, p. 464, §1.)
As used in this article, the following terms have the following meanings:
(1) ADVANCED PRACTICE NURSE. A registered nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education that prepares nurses for advanced practice roles and has been certified by the Board of Nursing to engage in the practice of advanced practice nursing. There shall be four categories of advanced practice nurses: Certified registered nurse practitioners (CRNP), certified nurse midwives (CNM), certified registered nurse anesthetists (CRNA), and clinical nurse specialists (CNS). Certified registered nurse practitioners and certified nurse midwives are subject to collaborative practice agreements with an Alabama physician. Certified registered nurse anesthetists and clinical nurse specialists are not subject to collaborative practice agreements with an Alabama physician and are not subject to the requirements of Sections 34-21-82, 34-21-83, and 34-21-85 to 34-21-92, inclusive, and are prohibited from engaging in any of the acts or functions of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) as established by this article and rules adopted under this article.
(2) ADVANCED PRACTICE NURSING. The delivery of health care services by registered nurses who have gained additional knowledge and skills through successful completion of an organized program of nursing education that prepares nurses for advanced practice roles as certified registered nurse practitioners, certified nurse midwives, certified nurse anesthetists, and clinical nurse specialists:
a. Practice as a certified registered nurse practitioner (CRNP) means the performance of nursing skills by a registered nurse who has demonstrated by certification that he or she has advanced knowledge and skills in the delivery of nursing services within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the client.
b. Practice as a certified nurse midwife (CNM) means the performance of nursing skills by a registered nurse who has demonstrated by certification that he or she has advanced knowledge and skills relative to the management of women’s health care focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women, within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the client.
c. Practice as a certified registered nurse anesthetist (CRNA) means the performance of or the assistance in any act involving the determination, preparation, administration, procedural ordering, or monitoring of any drug used to render an individual insensible to pain for surgical and other therapeutic or diagnostic procedures. The nurse anesthetist is qualified in accordance with Section 27-46-3 and is licensed by the Board of Nursing and functions under the direction of or in coordination with a physician licensed to practice medicine, a podiatrist, or a dentist, who is immediately available. Nothing in this paragraph shall be construed to restrict the authority of a health care facility to adopt policies relating to the provision of anesthesia and analgesia services.
d. Practice of clinical nurse specialist (CNS) nursing means the performance of nursing skills by a registered nurse who, through study and supervised practice at the graduate level and as evidenced by certification, has advanced knowledge and practice skills in a specialized area of practice, except that a clinical nurse specialist may not do any of the following:
Perform delegated medical acts or engage in collaborative practice as described in this article.
Perform any of the functions of a certified registered nurse practitioner or a certified nurse midwife as described in this article and the rules adopted under this article, whether or not performed within a collaborative practice relationship.
Prescribe drugs of any type. A clinical nurse specialist may perform nursing services permitted under this subdivision as an independent contractor.
(3) BOARD OF MEDICAL EXAMINERS. The State Board of Medical Examiners established pursuant to Section 34-24-53.
(4) BOARD OF NURSING. The Board of Nursing established under Section 34-21-2.
(5) COLLABORATION. A formal relationship between one or more certified registered nurse practitioners and certified nurse midwives and a physician or physicians under which these nurses may engage in advanced practice nursing as evidenced by written protocols approved in accordance with the requirements of this article or exempted in accordance with requirements of this article. The term collaboration does not require direct, on-site supervision of the activities of a certified registered nurse practitioner or a certified nurse midwife by the collaborating physician. The term does require such professional oversight and direction as may be required by the rules of the State Board of Medical Examiners and the Board of Nursing.
(6) COORDINATION WITH. When an anesthesiologist is not physically present, the working relationship between a physician, a podiatrist, or a dentist and a certified registered nurse anesthetist licensed to practice in this state. Each contributes his or her respective expertise in the provision of patient care, which includes the discussion of patient treatment, diagnosis, and consultation.
(7) JOINT COMMITTEE OF THE STATE BOARD OF MEDICAL EXAMINERS AND THE BOARD OF NURSING FOR ADVANCED PRACTICE NURSES. The Joint Committee of the State Board of Medical Examiners and the Board of Nursing for Advanced Practice Nurses shall mean and shall be a committee composed of all of the following:
a. Two physicians licensed to practice medicine in this state.
b. One licensed physician engaged in a collaborative practice with a certified registered nurse practitioner or a certified nurse midwife in this state.
c. Two certified registered nurse practitioners engaged in an active collaborative practice with a physician in this state.
d. One certified nurse midwife engaged in an active collaborative practice with a physician in this state.
(8) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words, “Caution, Federal Law prohibits dispensing without prescription” or similar words indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed practitioner, except that the term legend drug shall not include any drug, substance, or compound which is listed in Schedules I through V of the Alabama Uniform Controlled Substances Act.
(9) PHYSICIAN or COLLABORATING PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine in Alabama who agrees in writing to practice in collaboration with one or more certified registered nurse practitioners or certified nurse midwives in accordance with the rules adopted by the State Board of Medical Examiners and the Board of Nursing.
(10) PRESCRIBE or PRESCRIBING. The act of issuing a written prescription for a legend drug.
(11) PRESCRIPTION. An order for a legend drug which is written and signed by a practitioner authorized by law to prescribe and administer such drugs and which is intended to be filled, compounded, or dispensed by a pharmacist.
(12) PROCEDURAL ORDERING. The ordering of the anesthesia plan, including the ordering of medications and tests before, during, or after analgesia or anesthesia in accordance with the anesthesia plan.
(13) PROTOCOL. A document approved in accordance with Section 34-21-87 establishing the permissible functions and activities to be performed by certified registered nurse practitioners and certified nurse midwives and signed by collaborating physicians and any nurse practitioners or nurse midwives practicing with those physicians.
(Acts 1995, No. 95-263, p. 464, §2; Act 2001-239, p. 281, §3; Act 2022-379, §1; Act 2025-378, §1.)
(a)(1) The physician members of the joint committee shall be appointed by the State Board of Medical Examiners.
(2) The certified registered nurse practitioner members of the joint committee shall be appointed by the Board of Nursing as follows:
a. One seat shall be filled from a list of no fewer than two names submitted by the Nurse Practitioner Alliance of Alabama, or its successor organization. The initial member appointed shall serve a term commencing on October 1, 2025, and ending on September 30, 2028.
b. One seat shall be filled from a list of no fewer than two names submitted by the Alabama State Nurses Association, or its successor organization. The initial member appointed shall serve a term commencing on October 1, 2025, and ending on September 30, 2027.
(3) The certified nurse midwife member of the joint committee shall be appointed by the Board of Nursing from a list of no fewer than two names submitted by the Alabama affiliate of the American College of Nurse-Midwives. The initial member appointed shall serve a term commencing on October 1, 2026, and ending on September 30, 2029.
(4) Following initial terms, all members shall serve three-year terms. No member shall serve more than two full terms, either consecutively or separately.
(b) If a vacancy occurs on the committee, a successor shall be appointed by the respective appointing authority in subsection (a) to serve the unexpired term.
(c) The committee shall select one of its members to serve as chair for a one-year term, alternating between a physician member of the committee and a nurse member of the committee.
(d) The committee shall meet annually, or more frequently if requested by the State Board of Medical Examiners or the Board of Nursing. Members of the committee shall receive a per diem at a daily rate determined by the respective appointing authority. The daily rate shall apply to any day or any portion thereof that such a committee member shall be in attendance at an official meeting or function of the committee and in addition shall receive reimbursement for subsistence and travel in accordance with state law for each day actively engaged in the duties of their offices. The State Board of Medical Examiners shall pay the per diem and expenses of the physician members and the Board of Nursing shall pay the per diem and expenses of the nurse members, and both boards shall furnish necessary clerical and administrative support for operation of the committee.
(Acts 1995, No. 95-263, p. 464, §3; Act 2025-378, §1.)
The State Board of Medical Examiners shall establish the qualifications for physicians who are engaged in collaborative practice with certified registered nurse practitioners and certified nurse midwives. The board may adopt rules and regulations to accomplish the purposes of this section.
(Acts 1995, No. 95-263, p. 464, §4.)
(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.
(Acts 1995, No. 95-263, p. 464, §5.)
The joint committee shall be the state authority designated to recommend rules and regulations to the State Board of Medical Examiners and the Board of Nursing for the purpose of regulating the collaborative practice of physicians and certified registered nurse practitioners and certified nurse midwives. No person may practice as a certified registered nurse practitioner or a certified nurse midwife in this state unless that person possesses a certificate of qualification issued by the Board of Nursing and practices under written protocols approved by the State Board of Medical Examiners and the Board of Nursing and signed by a qualified collaborating physician or physicians and certified registered nurse practitioner or certified nurse midwife or is exempt from the requirement of a written protocol according to rules promulgated by the State Board of Medical Examiners and the Board of Nursing. The joint committee shall recommend to the State Board of Medical Examiners and the Board of Nursing rules and regulations designed to govern the collaborative relationship between physicians and certified registered nurse practitioners and certified nurse midwives certified by the Board of Nursing to engage in these areas of advanced practice nursing. These rules and regulations shall be finally adopted by July 1, 1996. These rules and regulations and any and all additions, deletions, corrections, or changes thereto shall be considered rules and regulations requiring publication under the Alabama Administrative Procedure Act; however, the following shall not be considered rules or regulations under the Administrative Procedure Act:
(1) Protocols for use by certified registered nurse practitioners and certified nurse midwives certified to engage in these two areas of advanced practice nursing in collaboration with a physician; and
(2) The formulary of legend drugs that may be prescribed by certified registered nurse practitioners and certified nurse midwives authorized to do so.
(Acts 1995, No. 95-263, p. 464, §6.)
(a) Certified registered nurse practitioners and certified nurse midwives, engaged in collaborative practice with physicians practicing under protocols approved in the manner prescribed by this article may prescribe legend drugs to their patients, subject to both of the following conditions:
(1) The drug type, dosage, quantity prescribed, and number of refills shall be authorized in an approved protocol signed by the collaborating physician; and
(2) The drug shall be on the formulary recommended by the joint committee and adopted by the State Board of Medical Examiners and the Board of Nursing.
(b) A certified registered nurse practitioner or a certified nurse midwife may not initiate a call-in prescription in the name of a collaborating physician for any drug, whether legend or controlled substance, which the nurse practitioner or certified nurse midwife is not authorized to prescribe under the protocol signed by the collaborating physician and certified registered nurse practitioner or certified nurse midwife and approved under this section unless the drug is specifically ordered for the patient by the physician, either in writing or by a verbal order which has been reduced to writing, and which has been signed by the physician within a time specified in the rules and regulations approved by the State Board of Medical Examiners and the Board of Nursing.
(c) Registered nurses and licensed practical nurses are authorized to administer any legend drug that has been lawfully ordered or prescribed by an authorized practitioner including certified registered nurse practitioners, certified nurse midwives, and/or assistants to physicians.
(Acts 1995, No. 95-263, p. 464, §7.)
Notwithstanding any other provisions of this article, the joint committee shall recommend model practice protocols to be used by certified registered nurse practitioners and certified nurse midwives and a formulary of legend drugs that may be prescribed by these advanced practice nurses, subject to approval by both the State Board of Medical Examiners and the Board of Nursing. The joint committee shall also recommend rules and regulations to establish the ratio of physicians to certified registered nurse practitioners and certified nurse midwives; provided, however, that the rules and regulations shall not limit the ratio to less than two nurse practitioners or midwives to one physician or one certified registered nurse practitioner and one certified nurse midwife to one physician and shall provide for exceptions. The joint committee shall also recommend rules and regulations that establish the manner in which a collaborating physician may designate a covering physician when temporarily unavailable as the collaborating physician.
(Acts 1995, No. 95-263, p. 464, §8.)
The following acts shall constitute grounds for the termination by the Board of Nursing of a certified registered nurse practitioner’s or a certified nurse midwife’s certificate of qualification to engage in these areas of advanced practice nursing and for the termination of the approval of the State Board of Medical Examiners of the collaborating practice of a physician and certified registered nurse practitioner or a certified nurse midwife, or both:
(1) Prescribing in violation of this article or the rules and regulations of the State Board of Medical Examiners or the Board of Nursing.
(2) For a certified registered nurse practitioner or a certified nurse midwife to engage in any act or render any services not authorized in his or her protocol or for a physician to require or to knowingly permit or condone such an act.
(3) Failure on the part of a certified registered nurse practitioner or a certified nurse midwife to maintain current licensure with the Board of Nursing or failure of a physician to maintain current licensure with the Medical Licensure Commission.
(4) The commission of any act by a certified registered nurse practitioner or a certified nurse midwife which would constitute a violation of Section 34-21-25(b) or any act by a physician which would constitute a violation of Section 34-24-360.
(Acts 1995, No. 95-263, p. 464, §9.)
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.
(Acts 1995, No. 95-263, p. 464, §10.)
No person shall engage in practice as a certified registered nurse practitioner or certified nurse midwife or in any of the acts or functions described in this article and the regulations adopted under this article in this state unless that person is certified by the Board of Nursing as an advanced practice nurse in a category of certified registered nurse practitioner or certified nurse midwife and is practicing in collaboration with a physician following protocols which have been approved in accordance with this article or has been exempted from the requirement of practicing in collaboration with a physician following protocols as provided in Section 34-21-85.
(Acts 1995, No. 95-263, p. 464, §11.)
Both the State Board of Medical Examiners and the Board of Nursing in addition to the powers and duties otherwise expressed in this article, may commence and maintain in their own names in any circuit court having jurisdiction of any person within this state who is unlawfully engaging in advanced practice nursing as a certified registered nurse practitioner or a certified nurse midwife action in the nature of quo warranto as provided for in Section 6-6-590, et seq., to order the person to cease and desist from continuing to engage in these areas of advanced practice nursing within the State of Alabama, and jurisdiction is conferred upon the circuit courts of this state to hear and determine all such cases. The boards may commence and maintain such actions without the filing of bond or security and without the order or direction of a circuit judge. An injunction shall be issued upon proof that the person is now engaged in advanced practice nursing as a certified registered nurse practitioner or a certified nurse midwife in violation of this article without requiring proof of actual damage sustained by any person. In any case of violation of any injunction issued under this section, the court or any judge thereof may summarily try, and punish the offender for contempt of court. Injunctive proceedings as authorized in this section shall be in addition to, and not in lieu of, all penalties and other remedies prescribed by law.
(Acts 1995, No. 95-263, p. 464, §12.)
Until the State Board of Medical Examiners and the Board of Nursing adopt the rules and regulations necessary to effectuate the provisions of this article, the State Board of Medical Examiners and the Board of Nursing shall waive the requirements of Sections 34-21-84 and 34-21-85 and shall grant the appropriate certification to any nurse practitioner or nurse midwife who is currently certified or is eligible for certification to be a certified registered nurse practitioner or certified nurse midwife and will continue to engage in practice under the existing rules and regulations. Until the State Board of Medical Examiners and the Board of Nursing adopt the rules and regulations necessary to effectuate the provisions of this article, the State Board of Medical Examiners and the Board of Nursing shall waive the requirements of Sections 34-21-84 and 34-21-85 and shall grant the appropriate approval to a collaborating physician submitting a request for approval of a collaborative practice agreement. Notwithstanding the provisions of Section 15 of Acts 1995, No. 95-263, nurse practitioners and nurse midwives are prohibited from prescribing until final rules and regulations are adopted by the State Board of Medical Examiners and the Board of Nursing in accordance with Section 34-21-87.
(Acts 1995, No. 95-263, p. 464, §13.)
The provisions of this article shall be applied and construed in pari materia with Sections 34-19-2 to 34-19-10. Upon final adoption of rules and regulations by the State Board of Medical Examiners and the Board of Nursing as authorized by this article, any inconsistent portions of Sections 34-19-2 to 34-19-10 are superseded.
(Acts 1995, No. 95-263, p. 464, §14.)
(a) When any law or rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the document shall be deemed to authorize a signature, certification, stamp, verification, affidavit, or endorsement by a certified registered nurse practitioner or certified nurse midwife for the items listed in this section. The authority in this section for a certified registered nurse practitioner and a certified nurse midwife shall be subject to an active collaboration agreement. This section applies to all of the following:
(1) Certification of disability for patients to receive special access parking or disability access parking tags or placards.
(2) A signature required for any of the following:
a. The following documents that require a complete history and physical examination consistent with the examining provider’s scope of practice and certification:
Physicals for bus drivers in this state using State of Alabama forms.
Physicals to verify eligibility for students to participate in the Special Olympics.
Employment and pre-employment physicals for Transportation Security Agency (TSA) employees at an airport or for governmental employees such as firefighters and law enforcement officers.
Adoptive parent applications.
College or trade school physicals.
Boy Scout or Girl Scout physicals or physical required by similar organizations.
b. Forms excusing a potential jury member due to an illness.
c. Forms relating to absenteeism for employment or school purposes, including, but not limited to, documents associated with the federal Family and Medical Leave Act.
d. Authorizations for durable medical equipment.
e. Authorizations for diabetic testing supplies.
f. Authorization for diabetic shoes.
g. Home health recertification orders after initial certification.
h. Within the state Medicaid system, any and all forms for the ordering of medications, nutritional supplements, or infant formulas, or referrals to providers of medical specialties, home health services, and physical or occupation therapy.
i. Death certificates.
j. Forms, including physical examination forms, needed for certifications in residential or inpatient dwellings within the Department of Mental Health.
k. Forms for ambulance transport.
l. Forms for donor breast milk.
m. Required documentation allowing a diabetic to renew or obtain a driver’s license.
(b) Additional forms may be approved by rule under the Alabama Administrative Procedure Act by the State Board of Medical Examiners, after consulting with the state professional society of nurse practitioners, the state professional society of nurse midwives, the state professional society of physicians, or the Joint Committee of the State Board of Medical Examiners and the Board of Nursing for Advanced Practice Nurses as established by Section 34-21-81, whichever is appropriate.
(c) This section shall not be construed to expand the scope of practice for any certified registered nurse practitioner or certified nurse midwife.
(d) This section does not expand the scope of a collaborative physician’s responsibility with regard to nurse practitioners or nurse midwives under the laws of this state.
(Act 2018-474, §1.)
There is hereby created and established the Alabama Loan-Repayment Program for Advanced-Practice Nursing. The program shall be administered by the Alabama Board of Nursing. The Loan Repayment Program shall be funded by direct appropriation from the Education Trust Fund.
(Act 2016-353, §1.)
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AREA OF CRITICAL NEED. An area with a critical need for more advanced-practice nurses, as determined by the board.
(2) BOARD. The Alabama Board of Nursing.
(3) PARTICIPANT. Any person who applies for and is awarded a loan as provided in this article.
(4) PROGRAM. The Alabama Loan-Repayment Program for Advanced-Practice Nursing.
(Act 2016-353, §1.)
(a)(1) The board shall establish and award loans to provide for the training of qualified applicants for admission to or students in accredited nursing education programs approved by the board who are pursuing, or have completed within the five years immediately preceding the current loan term, a graduate degree to become a certified registered nurse practitioner (CRNP), a certified nurse midwife (CNM), or a certified registered nurse anesthetist (CRNA), but only for individuals who have signed contracts as provided in subsection (b). The board may permit eligible individuals to apply for a loan under the Alabama Loan-Repayment Program for Advanced-Practice Nursing in any scholastic year and for any previously completed scholastic year.
(2) The board may award to an eligible individual, for as many as three years for an individual pursuing or holding an eligible master’s degree and as many as four years for a person pursuing or holding an eligible doctorate degree, an annual loan. For the first year of operation of the program, the maximum annual loan limit shall not exceed fifteen thousand dollars ($15,000). For subsequent years, the board may increase the maximum annual loan amount by no more than five percent annually.
(3) The board shall make a careful and thorough investigation of the ability, character, and qualifications of each applicant for loans under the program, and shall award a loan or loans under the requirements of the program.
(4) An individual who has signed a contract with the board may postpone choosing an area of critical need in which to work to a time set by the board.
(b) A loan or loans under this program may be awarded only to individuals who have signed contracts with the board to repay amounts received under the program by working following graduation, or immediately in the case of a then currently approved CRNP, CNM, or CRNA, in full-time practice as a CRNA, CRNP, or CNM in an area of critical need for 18 months for each year he or she received a loan under the program.
(c) A participant, subject to approval by the board, may change the area of critical need where he or she will work to repay loans under this program, but in no case shall the applicant work in full-time practice for less than three years in the new area of critical need.
(Act 2016-353, p. 864, §1; Act 2019-301, §1; Act 2023-317, §1.)
(a) An area of critical need, as determined by the board, shall be physically located within this state and shall satisfy one of the following:
(1) Be located within a primary care health professional shortage area (HPSA) for a geographic area, recognized by the Health Resources and Services Administration, or its successor organization, or by the Alabama Office of Primary Care and Rural Health, or its successor organization.
(2) Be a Federally Qualified Health Center or designated Indian Health Service, Tribal Health, and Urban Indian Health Organization located anywhere within the state, with a primary care HPSA score of 14 or more.
(3) Be located within an eligible Alabama Rural Medical Service Awards rural community as defined most recently by the Alabama Office of Primary Care and Rural Health, or its successor organization.
(b) The board shall adopt rules under the Administrative Procedure Act to implement this section.
(Act 2016-353, p. 864, §1; Act 2023-317, §1.)
(a) In the event that the participant defaults on or otherwise fails to honor a loan repayment contract with the board for any reason, the individual shall be liable for immediate repayment of the total principal loan amount plus interest at the rate of eight percent, or the prime lending rate, whichever is greater, accruing from the date of default or other failure to honor the contract.
(b) If, for any reason, after graduation with a graduate degree to become an advanced practice nurse and prior to completion of the repayment obligation set forth in Section 34-21-96, a participant defaults on or otherwise fails to honor a loan repayment contract with the board, the participant shall pay an additional penalty equal to 20 percent of the total principal amount of all loans received by the participant.
(c) The failure of a participant to honor his or her contract with the board or to pay the amount he or she is liable for under this article shall constitute grounds for the revocation of his or her license to practice nursing.
(d) The board may excuse repayment of a loan, in whole or in part, upon the death of a participant, the participant becoming disabled to the extent that he or she is no longer able to engage in the practice of nursing, or some other extreme hardship not the fault of the participant.
(Act 2016-353, p. 864, §1; Act 2023-317, §1; Act 2024-40, §1.)
(a) The board annually shall report on the condition and accomplishments of the program to the Governor, Lieutenant Governor, Speaker of the House, President Pro Tempore of the Senate, and the Chairs of the House and Senate Health Committees. The report shall include for the reporting year the locations where participants agreed to serve or where they were serving to repay loans.
(b) The board shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2028 fiscal year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.
(c) The board shall adopt reasonable rules to implement and administer the program.
(d) The board shall use any monies it receives from or for the operation of the program, including repayments, interest, and penalties paid because of default or other failure to honor a contract, to fund loans.
(Act 2016-353, p. 864, §1; Act 2023-317, §1.)
(a) The party states find and declare all of the following:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
(3) The expanded mobility of nurses and the use of advanced communication technologies as part of a national health care delivery system requires greater coordination and cooperation among states in the areas of nurse licensure and regulation.
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.
(5) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(b) The general purpose of this compact is to achieve all of the following:
(1) Facilitate the responsibility of each state to protect public health and safety.
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.
(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.
(5) Invest all party states with the authority to hold a nurse accountable for satisfying all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
(6) Decrease redundancies in the consideration and issuance of nurse licenses.
(7) Provide opportunities for interstate practice by nurses who meet uniform licensing requirements.
(Act 2019-102, §3.)
For the purposes of this article, the following terms shall have the following meanings:
(1) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by the law of a state which is imposed by a licensing board or other authority against a nurse, including actions against the license or multistate licensure privilege of an individual, including revocation, suspension, probation, monitoring of a licensee, limitations on the practice of the licensee, the bringing of a cease and desist action against the licensee, or any other encumbrance on licensure affecting the authorization of a nurse to practice.
(2) ALTERNATIVE PROGRAM. A nondisciplinary monitoring program approved by a licensing board.
(3) COMMISSION. The Interstate Commission of Nurse Licensure Compact Administrators.
(4) COMPACT. The Enhanced Nurse Licensure Compact created by this article.
(5) COORDINATED LICENSURE INFORMATION SYSTEM. An integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Includes any of the following:
a. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
b. Investigative information indicating that a nurse represents an immediate threat to public health and safety, regardless of whether the nurse has been notified and has had an opportunity to respond.
(7) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
(8) HOME STATE. The party state which is the primary state of residence of a nurse.
(9) LICENSING BOARD. The regulatory body of a party state that is responsible for issuing nurse licenses.
(10) MULTISTATE LICENSE. A license to practice as a registered nurse or licensed practical nurse issued by a home state licensing board that allows a licensed nurse to practice in any state authorized to grant multistate licensure privileges under the compact.
(11) MULTISTATE LICENSURE PRIVILEGE. A legal authorization associated with a multistate license that allows the practice of nursing as a registered nurse or licensed practical nurse in a remote state.
(12) NURSE. A registered nurse or licensed practical nurse as those terms are defined by the practice laws of the party state.
(13) PARTY STATE. Any state that has adopted this compact.
(14) REMOTE STATE. A party state, other than the home state.
(15) SINGLE STATE LICENSE. A nurse license issued by a state participating in the compact that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other state.
(16) STATE. A state, territory, or possession of the United States and the District of Columbia.
(17) STATE PRACTICE LAWS. The laws, rules, and regulations of a party state that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. The term does not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
(Act 2019-102, §3.)
(a) A multistate license to practice registered or licensed practical nursing issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical nurse, under a multistate licensure privilege, in each party state.
(b) A state shall implement procedures for considering the criminal history records of applicants for initial multistate licensure or licensure by endorsement. The procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining the criminal history record information of an applicant from the Federal Bureau of Investigation and the agency responsible for retaining the criminal records of that state.
(c) Each party state shall require an applicant to satisfy all of the following to obtain or retain a multistate license in his or her home state:
(1) Satisfies the qualifications for licensure or renewal of licensure of the home state, as well as all other applicable state laws.
(2) Satisfies either of the following:
a. Has graduated or is eligible to graduate from a licensing board-approved registered nurse or licensed practical nurse prelicensure education program.
b. Has graduated from a foreign registered nurse or licensed practical nurse prelicensure education program that (i) has been approved by the authorized accrediting body in the applicable country and (ii) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program.
(3) Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the native language of the applicant, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.
(4) Has successfully passed an NCLEX-RN or NCLEX-PN Examination, or recognized predecessor examination, as applicable.
(5) Is eligible for or holds an active, unencumbered license.
(6) Has submitted, in connection with an application for initial multistate licensure or licensure by endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining the criminal records of that state.
(7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.
(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.
(9) Is not currently enrolled in an alternative program.
(10) Is subject to self-disclosure requirements regarding current participation in an alternative program.
(11) Has a valid United States Social Security number.
(d) A party state, in accordance with existing state due process law, may take adverse action against the multistate licensure privilege of a nurse including revocation, suspension, probation, or any other action that affects the authorization of the nurse to practice under a multistate licensure privilege, including a cease and desist action. If a party state takes adverse action, the state shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any adverse action by a remote state.
(e) A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, and shall include all nursing practice as defined by the practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege shall subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a single state license in a party state as provided under the laws of the party state. A single state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by his or her then-current home state, provided that:
(1) A nurse, who changes his or her primary state of residence after the effective date of this compact, shall satisfy all applicable requirements of this section to obtain a multistate license from a new home state.
(2) A nurse who fails to satisfy the multistate licensure requirements in this section due to a disqualifying event occurring after the effective date of this compact shall be ineligible to retain or renew a multistate license, and the multistate license of that nurse shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.
(Act 2019-102, §3.)
(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, all of the following:
(1) Whether the applicant has ever held, or is the holder of, a license issued by any other state.
(2) Whether there are any encumbrances on any license or multistate licensure privilege held by the applicant.
(3) Whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant.
(4) Whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes his or her primary state of residence by moving between two party states, the nurse shall apply for licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license may not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes his or her primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state shall convert to a single state license, valid only in the former home state.
(Act 2019-102, §3.)
(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.
(Act 2019-102, §3.)
(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical nurses. This system shall include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications with the reasons for the denials, and nurse current participation in alternative programs known to the licensing board, regardless of whether the participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of all other party states, which shall include, at a minimum, all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program participation.
(4) Other information that may facilitate the administration of this compact, as determined by commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
(Act 2019-102, §3.)
(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.
(1) The commission is an instrumentality of the party states.
(2) Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each party state shall have and be limited to one administrator. The head of the state licensing board for each party state, or his or her designee, shall be the administrator of this compact for that state. An administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for the participation of an administrator in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
(4) All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-21-127.
(5) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:
a. Noncompliance of a party state with its obligations under this compact.
b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the internal personnel practices and procedures of the commission.
c. Current, threatened, or reasonably anticipated litigation.
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate.
e. Accusing any person of a crime or formally censuring any person.
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
h. Disclosure of investigatory records compiled for law enforcement purposes.
i. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact.
j. Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the legal counsel of the commission, or his or her designee, shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the administrators or order of a court of competent jurisdiction.
(c) The commission, by a majority vote of the administrators, shall prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to, all of the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures for all of the following:
a. For the establishment and meetings of other committees.
b. Governing any general or specific delegation of any authority or function of the commission.
(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of the meetings by interested parties, with enumerated exceptions designed to protect the interest of the public, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting, in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.
(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission.
(5) Providing reasonable standards and procedures for the establishment of personnel policies and programs for the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission.
(6) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.
(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.
(e) The commission shall maintain its financial records in accordance with the bylaws.
(f) The commission shall meet and take such actions as are consistent with this compact and the bylaws.
(g) The commission shall have all of the following powers:
(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states.
(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.
(3) To purchase and maintain insurance and bonds.
(4) To borrow, accept, or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations.
(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space, or other resources.
(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters of the commission.
(7) To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(8) To lease, purchase, or accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.
(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.
(10) To establish a budget and make expenditures.
(11) To borrow money; provided that the borrowing of money shall not be constituted as a debt of the State of Alabama in violation of Section 213 of the Constitution of Alabama of 1901, as amended by Amendment 26, now appearing as Section 213 of the Constitution of Alabama of 2022.
(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other interested persons.
(13) To provide and receive information from, and to cooperate with, law enforcement agencies.
(14) To adopt and use an official seal.
(15) To perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
(h) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule that is binding upon all party states.
(3) The commission may not incur obligations of any kind before securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, the party state.
(4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(i) Qualified immunity, defense, and indemnification.
(1) In accordance with Section 36-1-12, the administrators, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability.
(2) The commission shall defend any administrator, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this compact shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from his or her intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
(Act 2019-102, §3.)
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted under this compact. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(c) Before the adoption of a final rule by the commission, and at least 60 days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rulemaking on the website of the commission and on the website of each licensing board or the publication in which each party state would otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include all of the following:
(1) The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule or amendment.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(e) Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment to a rule.
(g) The commission shall publish the place, time, and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded, and a copy of the recording shall be made available upon request.
(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Proposed new rules or amendments to existing rules may be grouped together for the convenience of the commission at hearings required by this section.
(h) If no one appears at a public hearing, the commission may proceed with the adoption of a proposed rule.
(i) Following a scheduled hearing date, or by the close of business on the scheduled hearing date if a hearing was not conducted, the commission shall consider all written and oral comments received.
(j) The commission, by majority vote of all administrators, shall take final action on a proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is a rule that is adopted immediately to do any of the following:
(1) Satisfy an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or party state funds.
(3) Satisfy a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(4) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the commission, before the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(Act 2019-102, §3.)
(a) Oversight.
(1) Each party state shall enforce this compact and take any action necessary and appropriate to effectuate the purposes and intent of this compact.
(2) The commission shall receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in a proceeding to the commission shall render the judgment or order void as to the commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall do all of the following:
a. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.
b. Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the membership of the defaulting state in this compact may be terminated upon an affirmative vote of a majority of the administrators, 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 defaulting state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate membership shall be given by the commission to the governor of the defaulting state and to the executive officer of the licensing board of the defaulting state and each of the party states.
(4) A state whose membership in this compact 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 may not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated 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 United States District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of litigation, including reasonable attorneys fees.
(c) Dispute resolution.
(1) Upon request by a party state, the commission shall attempt to resolve disputes related to this compact that arise among party states and between party and nonparty states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(3) In the event the commission cannot resolve disputes among party states arising under this compact:
a. The party states may submit the issues in dispute to an arbitration panel, which shall be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
b. The decision of a majority of the arbitrators shall be final and binding.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce this compact and any rules adopted pursuant to this compact.
(2) By majority vote of the administrators, the commission may initiate legal action in the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with this compact and rules or bylaws adopted pursuant to this compact. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorneys fees.
(3) The remedies provided in this article shall not be the exclusive remedies of the commission. The commission may pursue other remedies available under federal or state law.
(Act 2019-102, §3.)
(a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by not less than 26 states or December 31, 2019. All party states that also participated in the prior Nurse Licensure Compact, which is superseded by this compact, shall be deemed to have withdrawn from the Nurse Licensure Compact on the first day of the sixth month after the effective date of this compact.
(b) Each party state shall continue to recognize the multistate licensure privilege of a nurse to practice in that party state issued under the Nurse Licensure Compact until the party state has withdrawn from the Nurse Licensure Compact.
(c) A party state may withdraw from this compact by enacting a general law repealing this compact. Withdrawal by a party state may not take effect until six months after the effective date of the repeal.
(d) The withdrawal or termination of a party state shall not affect the continuing requirement of the state licensing board of that state to report adverse actions and significant investigations occurring before the effective date of the withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with any other provision of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states until it is enacted by all party states.
(g) Representatives of nonparty states shall be invited to participate in the activities of the commission, on a nonvoting basis, before the adoption of this compact by all states.
(Act 2019-102, §3.)
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
(Act 2019-102, §3.)
The Alabama Loan Repayment Program for Nursing Education is created. The program shall be administered by the board and funded by direct appropriation from the Education Trust Fund.
(Act 2023-532, §2.)
As used in this article, the following terms have the following meanings:
(1) PARTICIPANT. Any individual who applies for and is awarded a loan pursuant to this article.
(2) PROGRAM. The Alabama Loan Repayment Program for Nursing Education.
(3) QUALIFIED NURSING EDUCATION PROGRAM. An accredited prelicensure nursing education program conducted by a public two-year or four-year institution of higher education in this state.
(Act 2023-532, §2.)
(a)(1) The board shall establish and award loans to any of the following qualified individuals:
a. An applicant for admission to a qualified nursing education program approved by the board, who has signed a contract as provided in subsection (b).
b. A student attending a qualified nursing education program approved by the board who is pursuing, or has completed within the five years immediately preceding the current loan term, a graduate degree to become a nurse educator in a qualified nursing education program, who has signed a contract as provided in subsection (b).
(2) An application for a nursing education loan under the program may be submitted to the board for any scholastic year, including previously completed scholastic years.
(3) A loan may be granted by the board to an individual who is pursuing or holding an eligible master’s degree for up to three years and to an individual pursuing or holding an eligible doctorate degree for up to four years.
(4) For the first year of operation of the program, the maximum annual loan amount shall not exceed fifteen thousand dollars ($15,000). For subsequent years, the board may increase the maximum annual loan amount by no more than five percent annually.
(5) The board shall conduct a careful and thorough investigation of the ability, character, and qualifications of each loan applicant and shall award loans pursuant to the requirements of the program.
(6) An individual who has signed a contract with the board may postpone his or her choice of qualified nursing education programs to work with until a time set by the board.
(b) A loan may only be awarded under the program to those individuals who have signed a contract with the board to repay all amounts received under the program by working following graduation as a full-time nursing instructor in a qualified nursing education program, for a period of 24 months for each annual loan received under the program.
(Act 2023-532, §2.)
(a) If for any reason a participant defaults on or otherwise fails to honor a loan repayment contract with the board, the individual shall be liable for immediate repayment of the total principal loan amount, plus interest, at the rate of eight percent, or the prime lending rate, whichever is greater, accruing from the date of default or other failure to honor the contract.
(b) If for any reason after graduation with a graduate degree to become a nurse educator and prior to completion of the repayment obligation set forth in Section 34-21-152, a participant defaults on or otherwise fails to honor a loan repayment contract with the board, the participant shall pay an additional penalty equal to 20 percent of the total principal amount of all loans received by the participant.
(c) Failure of a participant to honor his or her contract with the board or to pay the amount he or she is liable for under this article shall constitute grounds for the revocation of his or her license to practice nursing.
(d) The board may excuse repayment of a loan, in whole or in part, upon the death of a participant, upon the participant becoming disabled to the extent that he or she is no longer able to engage in the practice of nursing, or upon some other extreme hardship not the fault of the participant.
(Act 2023-532, §2.)
(a) The board shall report annually on the condition and accomplishments of the program to the Governor, Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and the Chairs of the House and Senate Health Committees.
(b) The board shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2028 fiscal year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.
(c) The board shall adopt reasonable rules to implement and administer the program.
(d) The board shall use any monies it receives from or for the operation of the program, including repayments, interest, and penalties paid because of default or other failure to honor a contract, to fund loans.
(Act 2023-532, §2.)
This article shall be repealed on September 30, 2029, unless extended by act of the Legislature.
(Act 2023-532, §2.)
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.
(Act 99-571, p. 1265, §1; Act 2010-258, p. 453, §1.)
The following terms shall have the meanings respectively ascribed to them as used in this chapter unless the context requires a different meaning:
(1) BOARD. The Alabama Onsite Wastewater Board.
(2) CONVENTIONAL ONSITE SEWAGE SYSTEM. An onsite sewage system consisting of a septic tank, or an Alabama Department of Public Health approved pretreatment device, with effluent discharging into a subsurface effluent disposal medium, where all portions of the effluent disposal field sidewalls are installed below the elevation of undisturbed native soil, including a conventional onsite sewage system as defined by the Alabama Department of Public Health regulations.
(3) ENGINEERED ONSITE SEWAGE SYSTEM. An onsite sewage system that varies from conventional onsite sewage system equipment, methods, processes, and installation procedures in accordance with the rules and regulations of the Alabama Department of Public Health.
(4) GOOD STANDING WITH LOCAL HEALTH AUTHORITIES OR OFFICIALS. A person in good standing with local health authorities or officials shall have had no substantiated complaints filed against him or her with the local health authorities or officials regarding the work of the person in the onsite sewage industry, and shall be known by the local health authorities or officials to be a person who abides by the rules and regulations of the Alabama Department of Public Health.
(5) GREASE TRAP. A receptacle containing nontoxic, nonhazardous liquid waste generated by a commercial food operation or institutional food preparation facility including, without limitation, fats, oil, grease, and food scraps, whether connected to a city sewer or not, to include a sewage tank, as defined by the Alabama Department of Public Health rules.
(6) INDIVIDUAL. A human person.
(7) INSTALLATION. The act of installing a conventional or engineered onsite sewage system.
(8) LICENSE. A valid and current certificate of qualification issued by the board which shall give the named person to whom it is issued authority to engage in the specialized area and level of qualification described on the certificate.
(9) LICENSEE. A qualified individual holding a license issued by the board.
(10) LICENSING PROCEDURE. The process of testing at the state level to determine the knowledge and skill of an individual with respect to onsite sewage systems, and the issuing of licenses to indicate that an individual has passed the examinations and met all other board-established qualifications for licensure.
(11) LOCAL HEALTH AUTHORITY OR OFFICIALS. The county health department in the county or counties in which a licensee performs work in or is engaged in the manufacture, installation, cleaning, servicing, or maintenance of onsite sewage systems or equipment.
(12) MANUFACTURER. Person engaged in the production of septic tanks or receptacle equipment used in onsite sewage systems.
(13) ONSITE SEWAGE SYSTEM. Any system of piping, treatment devices, pumps, alarms, or other facilities or devices that carry or convey, store, treat, or dispose of sewage (human waste) where the system is not connected to a public sewer, including an onsite sewage treatment and disposal system onsite septic system (OSS) as defined by the Alabama Department of Public Health rules.
(14) RESPONSIBLE CHARGE. The person in responsible charge must direct the projects involving the installation or service and repair of an onsite sewage system under Alabama law. The person in responsible charge must be a full-time employee, owner, partner, or a corporate officer of the partnership, corporation, business trust, or other legal entity. The person in responsible charge must possess the required skill, knowledge, and experience and have the responsibility to supervise, direct, manage, and control the installation, service, or repair activities of the business entity with which he or she is affiliated. The board may examine the technical and personal qualifications of the person in responsible charge and may investigate and examine the person’s qualifications.
(15) SERVICING. The act of cleaning, maintaining, or repairing an installed onsite sewage system.
(Act 99-571, p. 1265, §2; Act 2002-521, p. 1351, §1; Act 2003-58, p. 83, §3; Act 2010-258, p. 453, §1.)
(a) There is established the Alabama Onsite Wastewater Board. The board shall consist of nine members who shall, at the time of appointment and during the entire time for which appointed, be residents and citizens of Alabama. The initial appointments to the board shall be effective October 1, 1999, with required licensing beginning January 2000, or as soon as possible thereafter. Of the nine members of the board, three members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives of the Alabama Legislature.
(b) Of the three members appointed by the Governor, one shall be actively engaged in the business of installing onsite sewage systems and shall serve an initial term of two years. One member appointed by the Governor shall be actively engaged in the business of manufacturing septic tanks and shall serve an initial term of two years. One member appointed by the Governor shall be actively engaged in the business of pumping, servicing, or maintaining onsite sewage equipment and shall serve an initial term of three years. Appointees to these positions on the board shall be licensees of the board or have ownership in a business employing a designated licensee in a position of responsible charge. The appointments and successor appointments by the Governor shall be made from a list of recommendations submitted by the governing board of the Alabama Onsite Wastewater Association, which list of recommendations shall include three individuals recommended for each board position.
(c)(1) Of the three members appointed by the Lieutenant Governor, one member shall be actively engaged in the business of manufacturing septic tanks and shall serve an initial term of four years, and one member shall be actively engaged in the business of installing onsite sewage systems and shall serve an initial term of four years. Appointees to these positions on the board shall be licensees of the board or have ownership in a business employing a designated licensee in a position of responsible charge. These two appointments by the Lieutenant Governor shall be made from a list of recommendations submitted by the governing board of the Alabama Onsite Wastewater Association, which list of recommendations shall include three individuals for each board position.
At the end of the term of the board member serving in the septic tank manufacturing position following June 1, 2010, subsequent appointments to that position shall be to either a person licensed by the board or a person having ownership of a business employing a person who meets all of the following requirements that he or she: Is in a position of responsible charge, provides or rents onsite toilet systems or portable toilet systems, is licensed by the board, has been involved in his or her respective business for five consecutive years, is in good standing with the local health authorities and the Alabama Department of Public Health.
Subsequent appointees to the onsite system installer position shall be either a licensee of the board or a person having ownership in a business employing a designated licensee in a position of responsible charge.
(2) The Lieutenant Governor shall also appoint a member actively engaged in the development of a training or educational program or instruction in environmental protection, preferably experienced in the area of the sewage industry, and this member shall serve an initial term of three years. This member shall: Have a minimum of six years’ experience in the stated area of educational expertise, be in good standing with his or her professional or regulating boards, and possess a reputation of high standards within the academic community.
(d)(1) Of the three members appointed by the Speaker of the Alabama House of Representatives, one member shall be an environmental engineer with training in the onsite sewage industry, be experienced in and have an understanding of the design and construction of onsite sewage systems, and be in good standing with the Alabama Board of Licensure for Professional Engineers and Land Surveyors. This member shall serve an initial term of four years and shall be appointed from a list of three recommendations provided by the Alabama Board of Licensure for Professional Engineers and Land Surveyors.
(2) The Speaker of the House shall also appoint one member who has been actively involved for a minimum of three years in the onsite sewage inspection process and the regulation of onsite sewage systems and is employed by a local county health department or the Alabama Department of Public Health. This member shall serve an initial term of four years.
(3) The Speaker of the House shall also appoint a member who is a consumer who will represent the public at large and who has an interest in the onsite sewage industry. The consumer member may not be engaged in or otherwise connected with any person or firm or corporation or business dealing with the onsite sewage industry and shall serve an initial term of four years.
(e) Upon the expiration of the initial terms of office, and thereafter, all members appointed to the board shall serve four-year terms, or until their successors are appointed. Their successors, who shall be appointed by the same respective appointing authorities and shall possess the same respective qualifications as required for the initial appointees, shall each serve not more than two consecutive terms of office. The membership of the board shall be inclusive and the appointing authorities shall consider the racial, gender, geographic, urban/rural, and economic diversity of the state in making their appointments.
(f) If an appointment of a member to the board is to be made from a list of recommendations from an association, organization, or other board, the list of recommendations shall be submitted to the appointing authority at least 30 days prior to the expiration of the current term of the vacating board member.
(g) An appointing authority may rescind any appointment and replace any board member who is unable or unwilling to fulfill his or her duties to the citizens of Alabama through service on the board and who has not tendered his or her resignation.
(Act 99-571, p. 1265, §3; Act 2003-58, p. 83, §3; Act 2010-258, p. 453, §1.)
(a) Within 30 days after the annual appointment of new members, the board shall meet for the purpose of organizing, electing new officers, and transacting business as deemed necessary. This organizational meeting may be considered a regular quarterly meeting of the board.
(b) The board shall meet at least four times a year on a quarterly basis with the board designating the months of the meetings for the coming year at its annual organizational meeting. Regular meetings shall be called by the chair who shall designate the time and place of each regular meeting. The chair or a majority of the members of the board may also call a special meeting of the board.
(c) Board members shall be given at least 10 days’ notice of regular meetings and a minimum of five days’ notice for special meetings. The executive director shall give notice of any meeting to the media as considered appropriate under the circumstances.
(d) A quorum of the board shall consist of not less than five of the duly appointed members.
(e) Any motion passed by the board requires a majority of those members present.
(f) The members of the board shall receive one hundred dollars ($100) per day for board meetings and a per diem as recommended by the board consistent with applicable state laws for attending sessions of the board and for time spent in necessary travel to attend meetings of the board. In addition, each member shall be reimbursed for related travel expenses at the same rate as state employees receive, all to be paid from fees collected and deposited in the board fund.
(Act 99-571, p. 1265, §4; Act 2010-258, p. 453, §1; Act 2024-230, §3.)
(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.
(Act 99-571, p. 1265, §5.)
(a) There is hereby established a separate special fund in the State Treasury to be known as the “Alabama Onsite Wastewater Board Fund.” All receipts and monies collected under this chapter shall be deposited in the fund and used only to carry out the provisions of this chapter. The fund shall be disbursed only by warrant of the state Comptroller upon the State Treasury upon itemized vouchers approved by the executive director. 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 appropriation bill or other appropriation bills.
(b) Any funds unspent and unencumbered at the end of each fiscal year that exceed 25 percent of the board’s budget for the previous fiscal year shall be transferred to the State General Fund.
(Act 99-571, p. 1265, §6.)
The duties of this board shall include, but not be limited to the following:
(1) Establish procedures and qualifications for the licensure of individuals engaged in the manufacture, installation, servicing, repair, or maintenance of onsite sewage systems and equipment installed in Alabama and issue such licenses to those individuals who qualify for licensure.
(2) Approve all training required for any license or license renewal under this chapter and approve and administer any examination required for specialized areas and levels of qualification of licensing under this chapter.
(3) Establish the dates, times, and locations for all license examinations, including at least three examination dates each year.
(4) Accept and process applications from individuals meeting the board-established qualifications for licenses and the renewal of licenses and collect necessary fees according to the schedule of fees established by the board.
(5) Provide written notification to a candidate of the candidate’s examination results and provide information regarding the procedures required to complete the license process, including bond information and local health department fees.
(6) Accept annual license renewal applications and approve required continuing education and required documentation for license renewal.
(7) Maintain a complete up-to-date roster of licensees.
(8) Establish a complaint process and the confidential procedures to investigate alleged violations as set forth in this chapter; establish disciplinary procedures including suspension or revocation of licenses; establish an appeals process; and notify the Alabama Department of Public Health and the appropriate local health departments of any disciplinary action taken by the board. Any member of the board or duly appointed representative designated by the board may administer oaths and take testimony concerning all matters within the jurisdiction of the board.
(9) Reinstate a revoked or suspended license if the holder of the revoked or suspended license meets specific requirements established by the board and the reinstatement is approved by a majority of the board.
(10) Oversee all financial, business, and administrative matters necessary to carry out the operation of this board including, but not limited to, accepting fees, paying bills, salaries, expenses, and refunds, and any other action deemed appropriate to conduct business pertinent to its operation.
(11) Hire and set compensation for an executive director who shall be responsible for the administrative functions of the board.
(12) Adopt a seal for its use containing the words “Alabama Onsite Wastewater Board.”
(Act 99-571, p. 1265, §7; Act 2010-258, p. 453, §1.)
The board shall annually submit to the Governor a report of its transactions for the preceding fiscal year, and file a copy of the report with the Secretary of State and the State Division of Records and Reports.
(Act 99-571, p. 1265, §8.)
The board may adopt and issue rules and regulations necessary to carry out this chapter, subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(Act 99-571, p. 1265, §9.)
(a) The licensing requirements of this chapter shall not apply to owners of property for the purpose of installing, cleaning, servicing, or maintaining an onsite sewage system on their own property with a one-family or two-family residence used as their primary residence so long as the owners of the property with an onsite sewage system complete all installation, cleaning, servicing, or maintenance themselves, without help, at their primary residence.
(b) The board shall not license or regulate any of the following:
(1) An individual or entity that distributes septic tanks or conventional or engineered onsite sewage systems or onsite wastewater systems.
(2) An owner of multiple wastewater systems, or a system that is part of a group of wastewater systems under common ownership, with one or more of those systems having a design flow of 15,000 GPD or greater.
(3) A general contractor licensed by the State Licensing Board for General Contractors, with a municipal and utility endorsement, while installing or maintaining wastewater systems as described in subdivision (2).
(Act 99-571, p. 1265, §10; Act 2010-258, p. 453, §1; Act 2021-376, §1.)
The board may establish and charge reasonable fees for the processing of all applications, administration of examinations, issuance of all active and inactive licenses, license renewals, license restoration and replacement, supplying information to applicants, licensees, and the general public, and any and all other required board procedures and related activities. A fee schedule shall be developed by the board and adopted as a rule, and all fees shall be commensurate with the cost of fulfilling the duties of the board as defined in this chapter.
(Act 99-571, p. 1265, §11.)
(a) The board shall establish the following types of licenses:
(1) A basic level installer license.
(2) An advanced level I installer license.
(3) An advanced level II installer license.
(4) A manufacturer’s license.
(5) A pumper license.
(6) A portable toilet license.
(b) A person shall first obtain a basic level installer license before qualifying for an advanced level installer license. Additional areas of qualification and license levels may be established by the board based on future evaluations of industry needs and technology advancements.
(c) Licenses issued by the board shall be recognized as evidence of qualification and knowledge of the licensee by the Alabama Department of Public Health and county or local health authorities, and no other additional level of qualification or certification or other requirement shall be required by the Alabama Department of Public Health or any county or local health authorities for those persons engaged in the manufacture, installation, or servicing of onsite sewage systems.
(d) A license shall be issued for the current calendar year and the license shall be valid only for that calendar year. All licenses shall expire on December 31 of each calendar year.
(e) No individual, business, partnership, or corporation shall engage in the manufacture, installation, servicing, cleaning, or maintenance of an onsite sewage system installed in the State of Alabama unless the individual, or the person in responsible charge for the business, partnership, or corporation, has received the required specific license from the board. Persons engaged in the installation or servicing of onsite sewage systems shall obtain a basic level installer license for conventional onsite sewage systems or an advanced level installer license for engineered onsite sewage systems. All manufacturers of onsite sewage septic tanks or receptacles for onsite sewage systems shall qualify and obtain a manufacturer’s license. Licenses issued under this chapter shall be granted to individuals meeting the criteria for qualification as established by this board. The licensee shall perform no work outside the level of competency stated on the certificate of license. An individual may be licensed in all areas of eligibility.
(f) No individual, business, partnership, or corporation shall advertise, solicit, bid, obtain permit, conduct business, or perform the function of manufacturing, installing, cleaning, servicing, repairing, or maintaining onsite sewage equipment or systems in Alabama unless the person or persons in responsible charge are licensed as defined in this chapter.
(g) No official charged with the duty of issuing business licenses to any individual, partnership, corporation, or other business entity to operate a business performing the function of manufacturing, installing, cleaning, servicing, repairing, or maintaining onsite sewage equipment or systems in Alabama shall issue such a business license unless there is presented for inspection a license certificate as provided herein issued by the board to the individual or to some person in responsible charge with the partnership, corporation, or business entity.
(h) No license shall be issued except to an individual. A firm, partnership, association, or corporation shall not be licensed. Partnerships, corporations, or other business entities shall designate the licensed individual in responsible charge under whose name its business is to operate to the local business licensing authority, the board, and the local health officials. If that designated person ceases to be employed by the business entity, notice shall be made immediately to the board and the local health officials. The partnership or corporation shall then have 45 days to re-designate a licensed individual responsible for work performed by the business entity. During this 45-day period, no work shall be initiated by the business entity without the knowledge and approval of local health officials. Any work performed during this time shall be inspected by local health officials and approved by the officials before being considered complete and put into operation. Under special circumstances, a business entity engaged in the manufacture of septic tanks can petition the board for an extension of time beyond the 45-day period to re-designate a licensed individual in a position of responsible charge under whose manufacturer’s license the business is to operate. Under no condition may this extension of time extend more than three weeks past the date of the next examination offered by the board for a manufacturer’s license.
(i) License certificates suitable for framing, bearing the licensee’s name, level and type of license, license number, and the calendar year in which the license is valid shall be issued to all qualified licensees. Every licensee holding a license issued by the board shall display it in a conspicuous manner at his or her principal place of business.
(j) All licensees shall abide by all federal, state, and local laws and ordinances. No license issued by the board may be sold or transferred. Any license misused may be revoked by the board.
(k) Every licensee shall notify the board of the address of his or her place of business, the counties in which he or she does business or performs work, and the name under which the business is carried on. Licensees shall give immediate notice to the board of any change in this information. Service of any process shall be achieved by mailing notice of such information by first class postage, U.S. Postal Service, to the address of record. No further service of process shall be required.
(Act 99-571, p. 1265, §12; Act 2002-521, p. 1351, §1; Act 2010-258, p. 453, §1.)
(a) All applicants for licenses, examinations, or license renewals shall be required to complete specific application forms developed and provided by the board. Information required to be provided on license application forms shall include, but not be limited to, the following:
(1) The applicant’s name, date of birth, Social Security number, residence address, telephone number, and county of residence.
(2) The name of the applicant’s employer, or the name of the applicant’s business, including the business address and telephone number of the employer or applicant’s business.
(3) Details of the applicant’s business experience, details of the applicant’s work experience, and classroom training in the areas of requested licensing.
(4) A signed statement from an official from the applicant’s county health department stating that the applicant is in good standing with the local or county health department.
(b) Application forms may also require any information deemed by the board to be significant in evaluating the qualifications of an applicant for license, examination, or license renewal.
(c) All required fees and documentation shall accompany any application form filed with the board.
(d) The board shall approve through its executive director the issuing of a license to each applicant meeting the qualifications as set forth by the board, or deny a license to each applicant not meeting the qualifications as set forth by the board.
(Act 99-571, p. 1265, §13; Act 2010-258, p. 453, §1.)
(a) The board shall develop eligibility requirements to be met by applicants seeking licensing by the board. The minimum application requirements shall include, but are not limited to, the applicant’s:
(1) Business experience.
(2) Work experience in the requested area of licensure.
(3) Completion of training requirements as established by the board.
(4) Successful completion of the required examination.
(5) Evidence of bond.
(6) Proof that the applicant is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) The board shall develop the qualifications and requirements relating to the manufacturer’s license, which shall include, but not be limited to:
(1) Completion of classroom instruction.
(2) Successful completion of required examination.
(3) Passing an inspection of the manufacturing plant by a member of the board or some other person designated by the board to perform manufacturing plant inspections.
(4) Proof that the applicant 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.
(c) Any plant holding a current manufacturing certification issued by the National Precast Concrete Association shall be considered to have sufficiently met the plant inspection requirement.
(Act 99-571, p. 1265, §14; Act 2010-258, p. 453, §1; Act 2011-172, p. 335, §3.)
(a) No license shall be issued by the board without examination of the applicant for the purpose of ascertaining his or her qualifications for such work, except those licenses issued pursuant to Section 34-21A-17. No examination shall be required for the timely annual renewal of a current license.
(b) The board shall offer and provide examinations which test the knowledge, skill, and qualifications of the applicants.
(c) The board may charge each applicant a reasonable fee for the examination based on the actual costs of administering the examinations.
(d) The board shall establish dates and locations for a minimum of three separate examinations each calendar year.
(e) The board shall establish the minimum examination grade necessary for successful completion of an examination.
(f) The board shall develop or approve two separate and specific examinations to test the knowledge and qualifications of those applicants for basic level license and advanced level licenses as follows:
(1) The basic installer level license examination shall test the knowledge and qualifications of applicants seeking a license to install, clean, service, repair, or maintain conventional onsite sewage systems.
(2) The advanced level installer license examination shall test the knowledge and qualifications of applicants seeking a license to install, clean, service, repair, or maintain engineered onsite sewage systems.
(g) A person shall first obtain a basic level installer license before qualifying to take the examination for an advanced level installer license.
(h) The board shall develop a specialized examination to test the qualifications of those applicants seeking a manufacturer’s license.
(i) The board shall develop or approve any other additional examinations as may be necessary for additional areas of qualification and license levels as may be established by the board to meet industry requirements and technological advancements in the onsite sewage industry.
(j) Examinations shall be administered by the executive director or persons designated by the board. Any national standardized examination which the board may approve, or any other examination developed under the direction of the board, or any combination thereof, may be administered to applicants to test their knowledge and qualifications. The board shall establish the level of achievement as shall be required for a passing grade for examinations.
(k) Written examination results shall be provided within 14 days of taking the examination. Successful candidates shall also be informed of the procedures required to complete the license process. Any person who fails an examination may, upon reapplication and payment of required fees, take the examination when offered by the board.
(l) The executive director shall provide to the Alabama Department of Public Health and the appropriate local health authorities a list of all candidates who successfully qualify for a license within 14 days following the date the license is issued by the board.
(Act 99-571, p. 1265, §15; Act 2007-200, p. 240, §3; Act 2010-258, p. 453, §1.)
In order to assure financial stability and professional competence and performance of licensees, all licensees, without exception, are required to be bonded for any work performed under the license. Minimum amounts for required bonds shall be established by the board and evidence of bond shall be provided to the board before any license will be issued. In no event may the minimum required bond amounts set by the board be less than fifteen thousand dollars ($15,000) for a basic level license, a pumper license, a portable toilet license, or a manufacturer’s license, and thirty thousand dollars ($30,000) for an advanced level license. Each active licensee shall maintain a current bond for each license he or she holds. The executive director shall immediately suspend any active license without a current bond on file. The executive director shall reinstate the license once a reinstatement fee is paid by the licensee and the bond is reactivated or replaced. In the event the licensee contends his or her license has been unjustly suspended, the licensee may request a hearing and the executive director shall hold a hearing within 10 business days of the request.
(Act 99-571, p. 1265, §16; Act 2010-258, p. 453, §1.)
After December 31, 1999, individuals not currently licensed will be required to follow the requirements for license application, including completing required training and successfully passing any required examination.
(Act 99-571, p. 1265, §17; Act 2010-258, p. 453, §1.)
(a) A license is only valid during the calendar year indicated on the license. At the end of that calendar year, the license will expire unless it is renewed by the licensee. All licensees shall make application for license renewal at least 30 days prior to the expiration of a current license.
(b) Specific license renewal application forms and license renewal requirements shall be developed by the board. License renewal requirements shall include, but not be limited to, continuing education and training requirements for each level and type of license and evidence of adequate bond. The license renewal application form shall be accompanied by all required documentation and renewal fees. The board shall verify that the renewal applicant is a current licensee who is eligible for renewal before issuing a new license.
(c) Failure to meet renewal requirements shall result in expiration and revocation of a license. Upon expiration of a license, the licensee’s name will be removed from the board’s official list and the Alabama Department of Public Health and the appropriate local health authorities will be notified of the license expiration. A license which has expired for failure to renew may only be restored within one year from the date of expiration after application and payment of the license restoration fee established by the board. Any license which has not been restored within one year following its expiration may not be renewed, restored, or reissued, and the holder may apply for and obtain a new license only upon compliance with all qualifications and requirements for the issuance of a new license.
(Act 99-571, p. 1265, §18.)
The board shall formulate rules and criteria under which an applicant may request an inactive license and determine circumstances when a license may become inactive by state or local health department request. The board shall develop a standard official definition of an inactive license in the formulation of the board’s rules and regulations.
(Act 99-571, p. 1265, §19.)
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.
(Act 99-571, p. 1265, §20.)
(a) The board shall establish criteria for circumstances warranting the suspension or revocation of a license and establish the procedures for suspension or revocation of licenses. These circumstances shall include, but not be limited to, the following:
(1) Obtaining a license under false pretense.
(2) Obtaining a license by having another person take the examination.
(3) Allowing another person to use the license in violation of the regulations of the board.
(4) Selling or conveying the license to another person.
(5) Failure to timely renew a license.
(6) Failure to follow the rules and regulations of the State of Alabama Department of Public Health or the appropriate local health department or authorities.
(7) Committing a dishonest or illegal act in the performance of work covered under the license.
(b) The board shall take appropriate action to enforce the rules adopted with regard to license suspension or revocation.
(c) After suspension or revocation of a license of any licensee, the board shall publish this information to the public.
(Act 99-571, p. 1265, §21; Act 2010-258, p. 453, §1.)
(a) The board shall establish procedures to process, review, and investigate reports and complaints of fraud, incompetence, misconduct, and dishonest or illegal acts of licensees in the performance of work covered under licenses of this board; and complaints supported by evidence shall be reviewed at a disciplinary hearing, which hearing shall be conducted in compliance with the provisions of the Alabama Administrative Procedure Act and held before the board. The board shall establish the procedures for such disciplinary hearings. A member of the board who has a conflict of interest concerning the parties involved or issues involved in the disciplinary hearing shall recuse himself or herself from the hearing and the disciplinary proceeding.
(b) The board, upon its findings, may suspend or revoke the individual’s license.
(Act 99-571, p. 1265, §22; Act 2010-258, p. 453, §1.)
This board shall determine the procedure to be followed for reinstatement of a suspended or revoked license. The procedures shall include, but not be limited to, application to the board for reinstatement, hearing before the board, correction of the problem causing the board’s action in suspending or revoking the license, recommendations for reinstatement from the appropriate health department regulators, payment of levied fines or fees, completion of any education classes determined to be needed by the individual to aid in assuring no recurrence of the violation, and a published apology.
(Act 99-571, p. 1265, §23.)
After revocation or suspension of license, the licensee may, within 10 days of notice of the board’s order and finding, file with the board a written notice of his or her intent to appeal the order of the board. Appeals from orders of the board shall be filed with the Circuit Court of Montgomery County, Alabama, for a determination by the court as to whether the decision of the board is supported by a preponderance of the evidence. If the court finds that the decision of the board is supported by evidence, it shall affirm the board’s action.
(Act 99-571, p. 1265, §24; Act 2010-258, p. 453, §1.)
(a) Any person who undertakes or attempts to undertake the business of manufacturing, installing, servicing, cleaning, repairing, or maintaining any onsite sewage system or equipment without first having obtained and having possession of a current, valid license from the board or who knowingly presents or files false information with the board for the purpose of obtaining a license or otherwise fraudulently obtains a license, or who knowingly violates any provision of this chapter regulating the onsite sewage industry shall be guilty of a Class A misdemeanor, as defined by the state criminal code.
(b) Whenever it appears to the board that an individual has violated or is about to violate this chapter, it may in its own name petition the circuit court of the county where the violation is occurring or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.
(c) The board may reprimand in writing any licensee who provides substandard or dangerous service, repair, or installation or who otherwise violates this chapter.
(d) The board may levy and collect an administrative fine not to exceed one thousand dollars ($1,000) for each violation of this chapter or a rule, as amended, of the board or Alabama Department of Public Health rules pertaining to the manufacture, installation, servicing, cleaning, or maintenance of an onsite sewage system or portable toilets.
(e) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice constituting a violation of this chapter directing the person, firm, or corporation to immediately cease and desist from the activity, conduct, practice, or performance of any work then being done or about to be commenced. The order shall be issued in the name of the State of Alabama under the authority of the board. A person, firm, or corporation that does not comply with a cease and desist order shall be deemed in violation of this chapter and shall be subject to all disciplinary powers, penalties, fines, and remedies available to the board.
(Act 99-571, p. 1265, §25; Act 2010-258, p. 453, §1.)
The operations of the board shall terminate October 1, 2003, and every fourth year thereafter unless continued in accordance with the Alabama Sunset Law.
(Act 99-571, p. 1265, §26.)
For the purposes of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) BOARD. The Alabama Board of Optometry.
(2) HUMAN EYE AND ITS ADJACENT STRUCTURES. The eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lachrymal system.
(3) PHARMACEUTICAL AGENTS. Any diagnostic and therapeutic drug or combination of drugs that has the property of assisting in the diagnosis, prevention, treatment, or mitigation of abnormal conditions or symptoms of the human eye and its adjacent structures.
(4) PRACTICE OF OPTOMETRY. The practice of optometry is a learned profession involving the examination, measurement by objective and subjective means, diagnosis, treatment, and prevention of any departure from the normal of the human eyes, their adjacent structures, and visual system. The practice of optometry includes but is not limited to: The adapting and fitting of all types of lenses or devices, including, contact lenses; the determination of refractive error and shape of the eye and visual, muscular, or anatomical anomalies of the eye through the use of any means including the use of any self testing devices and the use of any computerized or automatic refracting device; the determination and prescribing of spectacle or contact lens parameters; the administering and prescription of pharmaceutical agents rational to the diagnosis and treatment of disease of the human eye and its adjacent structures; the removal of superficial foreign bodies from the human eye and its adjacent structures; the providing of developmental and perceptual therapy for the vision system; the utilization of any method or means to diagnose and treat diseases of the human eye and its adjacent structures as determined and approved by the board, subject to the limitations of this chapter; the performance of primary eye care procedures or ordering of laboratory tests rational to the diagnosis and treatment of conditions or disease of the human eye and its adjacent structures as determined and approved by the board, subject to the limitations of this chapter. The practice of optometry shall include the prescribing and administering of narcotic analgesics pursuant to the Alabama Uniform Controlled Substances Act, except for narcotic analgesics classified under Schedule I and II, and any Schedule III pharmaceutical agents that contain Dihydrocodeinone, (“Hydrocodone”). The prescribing or administering of any other Schedule III pharmaceutical agent shall be limited to a prescription, the duration of which does not exceed 96 hours. Notwithstanding any provision of this chapter to the contrary, the practice of optometry shall include the prescribing and administering of pharmaceutical agents which are commonly known as steroids. Optometrists are prohibited from performing injections into the eyeball, cataract surgery, muscle surgery, retinal surgery, radial keratotomy, laser surgery, cryosurgery, or any other invasive surgery. The Alabama Board of Optometry shall be a certifying board as defined in Section 20-2-2, except as limited by this chapter. The practice of optometry shall include the authority to administer benedryl, epinephrine, or other medication to counteract anaphylaxis or anaphylactic reaction. The use and prescribing of pharmaceutical agents for the treatment of the human eye and its adjacent structures shall be limited to those optometrists approved by the board.
(Acts 1975, No. 1148, p. 2257, §2; Acts 1975, 4th Ex. Sess., No. 124, p. 2818, §1; Acts 1995, No. 95-218, p. 370, §1.)
The practice of optometry is hereby declared to affect the public health, safety, and welfare, and optometry is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of optometry, as defined in this chapter, be limited to qualified persons admitted to practice optometry in the State of Alabama pursuant to the provisions of this chapter. This chapter shall be liberally construed to carry out these objects and purposes.
(Acts 1975, No. 1148, p. 2257, §1.)
It is intended that this chapter shall furnish a complete and exclusive system, of and in itself, for obtaining the right to practice optometry in the State of Alabama and for the regulation of the practice of optometry therein; provided, that it is the intent of the Legislature that this chapter shall not have the effect of repealing any laws not dealing with the profession of optometry and specifically shall not have the effect of repealing Section 34-24-292.
(Acts 1975, No. 1148, p. 2257, §18.)
(a) It is not the intent of this chapter to prevent any school teacher, welfare worker, state, county, municipality, or other public board, body, agency, institution, or official from determining in the course of their official duties the probable need of visual services; provided, that the aforenamed person or agency does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner and complies with the provisions of Section 38-1-2.
(b) A license to practice optometry shall not be required for the sale, preparation, or dispensing of eyeglasses or spectacles in a retail optical dispensary or from a store, shop, or other permanently established place of business with an optical department on prescription of a duly licensed physician skilled in diseases of the eyes or a duly licensed optometrist authorized to practice under the laws of this state. Contact lenses may be sold or dispensed in a retail optical dispensary or other permanently established place of business with an optical department only when authorized by an optometrist or ophthalmologist, the prescription therefor contains all necessary data, and the prescription has not expired. This section shall not be construed as authorizing any optician or other person selling eyeglasses or contact lenses on prescription as authorized above to use any instrumentation or determine any data by performing any type of examination or corneal evaluation necessary for the fitting of contact lenses or to use any drugs in relation thereto.
(c) Nothing in this chapter shall apply in any way to any licensed physician, nor to any physician assistant or ophthalmic assistant program conducted under any accredited state university program, nor to any physician’s assistant as defined in Section 34-24-292. Nothing in this chapter shall be construed as preventing an ophthalmologist from using assistants normally used in his or her practice under his or her direct personal supervision in the office in which the ophthalmologist normally actually practices his or her profession and nowhere else.
(Acts 1975, No. 1148, p. 2257, §17; Acts 1975, 4th Ex. Sess., No. 124, p. 2818, §1; Acts 1993, No. 93-153, p. 222, §3; Acts 1995, No. 95-218, p. 370, §1.)
(a) The board, by rule, may issue a limited teaching license to teachers who hold an optometric degree and are not licensed and registered to practice optometry in this state. The board may also issue a limited resident license to student residents at a school of optometry approved by the board. The dean of any school of optometry within this state which has been approved by the board shall annually certify to the board the names and addresses of the members of the faculty and student residents of the school who are not licensed and registered to practice optometry in this state and shall promptly notify the board of any change in personnel on the faculty. The board may issue limited licenses to applicants upon the certification of the dean of any school of optometry setting forth that the applicant is a bona fide member of the faculty or a student resident of the school. A limited license shall be valid so long as the holder thereof remains a member of the faculty or a student resident of the school and abides by the rules under which the limited license is issued. The holder of a limited license shall be subject to this chapter regulating the practice of optometry in this state and may perform all services which a person licensed to practice optometry in this state would be entitled to perform, subject to the following limitations:
(1) A limited teaching licensee may only practice optometry as a part of a program of the school and as an adjunct to his or her teaching functions in the school.
(2) A limited resident licensee may only practice optometry as a part of a program of the school, as an adjunct to the learning functions prescribed by the school, and under the supervision of the faculty of the school.
(b) A fee of one hundred dollars ($100) shall be paid by an applicant to the board for the issuance of a limited license.
(Acts 1975, No. 1148, p. 2257, §12; Acts 1997, No. 97-158, p. 211, §3; Act 2025-116, §3.)
(a) It shall be unlawful for any person to perform any of the following:
(1) Practice optometry in this state without having a valid, unrevoked, and unexpired license certificate and annual renewal registration certificate as an optometrist.
(2) Use or attempt to use as his or her own a diploma of an optometric school or college or a license of another person, or a forged diploma or license, or any forged or false identification.
(3) Sell or offer to sell a diploma conferring an optometric degree or a license granted pursuant to this chapter or prior optometric practice laws, or to procure each diploma or license with intent that it shall be used as evidence of the right to practice optometry by a person other than the one upon whom it was conferred or to whom the license was granted, or with fraudulent intent to alter the diploma or license or to use or attempt to use it when it is so altered.
(4) Willfully make any false statements in an application for examination for a certificate to practice optometry or for annual renewal registration.
(5) Use or attempt to use pharmaceutical agents for the treatment of the human eye and its adjacent structures without having approval of the board at the time the treatment is rendered.
(b)(1) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars ($1,000) and, in addition, may be imprisoned in the county jail for a period not to exceed 12 months and shall be subject to having his or her license revoked or suspended as provided in this chapter.
(2) The board and its members and officers shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of the board, its members, and officers, to furnish the proper prosecuting officers with the evidence as they may ascertain necessary to assist them in the prosecution of any violation of this chapter. The board, may for these purposes, make such reasonable expenditures from the funds of the board as it may deem necessary to ascertain and furnish the evidence.
(3) In addition to criminal penalties, any person violating this section may be fined up to one thousand dollars ($1000) by the board for each violation. The board may sue, if necessary, to collect the fine.
(4) The board is entitled to costs and reasonable attorney fees in any civil action in which it prevails.
(5) Venue for any action brought by the board pursuant to this chapter is the Circuit Court of Montgomery County.
(Acts 1975, No. 1148, p. 2257, §11; Acts 1995, No. 95-218, p. 370, §1.)
The board may enjoin violations of any provision of this chapter by proceeding in accordance with the provisions of Section 6-6-502.
(Acts 1975, No. 1148, p. 2257, §15.)
(a) Any person, including a licensed optometrist, may initiate a charge of violation of this chapter or a charge of misconduct by a licensed optometrist by filing with the secretary of the board a written statement under oath of the charge against the accused. If a member of the board files a charge, the member shall not participate in the hearing or disposition of the charge, except to the extent of giving testimony in connection with the charge. The member filing the charge shall not be present during the hearing or deliberation of the charge except to give testimony. A discreet preliminary investigation into the charge shall be made by the board, after which, if the board is reasonably satisfied that the charge is not frivolous, the board shall hear the charge under rules of procedure adopted by the board. A quorum of the board shall be present at all times during the hearing and deliberation and action thereon. A time and place, either within the City of Montgomery, Alabama, or the county in which the accused resides for the hearing of the charge shall be fixed by the board as soon as convenient. A copy of the charge, together with a written notice of the time and place of the hearing, and a copy of the rules of procedure adopted by the board for the hearing shall be served on the accused at least 20 days before the date fixed for the hearing by leaving a copy thereof at his or her last recorded place of residence, by personal service upon the accused, by transmitting a copy to the accused via registered mail or other common carrier approved by the board with return receipt requested to his or her last mailing address of record if a resident of this state, or by electronic mail at his or her last electronic mail address of record with electronic mail delivery receipt. If the accused is not a resident of this state or has departed from this state, notice of the time and place of the hearing shall be published in a newspaper of general circulation in the county where the accused is last known to have resided three weeks prior to the hearing setting out the time and place of the hearing. At least five days before the time of the hearing, the accused shall file with the secretary of the board an answer to the charge together with a list of witnesses which the accused desires to be subpoenaed for the hearing. At the hearing, witnesses may be examined respecting the charge. The board or the accused, or both, may require the attendance of witnesses, the production of books, records, and papers pertinent to the issues, and either or both may require the secretary of the board to issue a subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records, papers, or documents, which shall be directed to the sheriff of the county where the witness resides or is to be found. The subpoena shall be served and returned in the same manner as subpoenas in civil cases in the circuit court are served and returned. If any person is subpoenaed to appear before the board and fails to obey the subpoena without reasonable cause, or if any witness upon any hearing before the board refuses to be sworn, or to be examined, or to produce a book, record, paper, or document, as ordered by the board, this fact shall be certified by the board to the circuit court or the judge thereof in the county where the witness resides, and the witness shall be ordered and directed by the court to appear before the board and testify or produce such books, papers, records, or documents as are ordered by the board. At the hearing, the accused may cross-examine the witnesses against him or her, produce witnesses in his or her defense, appear personally or by counsel, or both, and have the testimony taken down by a stenographer, but the expense of counsel and stenographer shall be borne by the accused. A majority of the quorum of members of the board conducting the hearings shall render a decision on the merits of the charge and, if warranted by the evidence, impose appropriate sanctions.
(b) In all cases of suspension or revocation of a license or of other disciplinary sanctions imposed by the board, the accused may appeal only to the Circuit Court of Montgomery County, Alabama, notwithstanding any other provision of law to the contrary. Except as otherwise provided in this chapter, judicial review of the orders and decisions of the board shall be governed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(c) Members of the board, and the members of any committee of optometrists impaneled by the board, and any other optometrist and individual making any report, rendering any opinion or service, supplying any evidence or information, or offering any testimony to the board in connection with a disciplinary investigation or proceeding as authorized in this chapter shall be immune from suit for any conduct with respect to the investigation, action, hearing, or proceeding.
(Acts 1975, No. 1148, p. 2257, §10; Acts 1989, No. 89-233, p. 288, §3; Acts 1995, No. 95-218, p. 370, §1; Act 2025-116, §3.)
(a) Every person desiring to practice optometry in this state shall be 19 years of age, or over, 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, and of good moral character. The person shall have a minimum of three years of preoptometry, or the equivalent, at an accredited college or university, have completed a course of study in an accredited school or college of optometry which is approved by the board and that requires at least four years of professional study, and have passed all examinations prescribed by the board, which may include the standard examination after completion of the educational requirements. The board may accept a passing grade on a recognized national examination or a passing grade on a board examination, or both, and may require a passing grade on additional state law examinations. The standard examination may consist of tests in practical, theoretical, and physiological optics, in theoretical and practical optometry, orthoptics, ocular anatomy, physiology, pharmacology, pathology, diagnosis, and treatment of disease of the human eye and its adjacent structures, general anatomy, hygiene, and any other knowledge the board deems essential to the practice of optometry. The standard examination shall be consistent with the established teaching and recognized textbooks of accredited schools or colleges of optometry.
(b) The application to take the standard examination shall be upon the form prescribed and furnished by the board and verified by the oath of the applicant, accompanied by a fee to be determined by the board. The fee shall not be more than five hundred dollars ($500).
(c) If required, the standard examination shall be held at least once in each year for candidates for examination who have applied to the board at least 30 days before the date prescribed for the holding of the examination.
(d) When an application and accompanying proof are found satisfactory, the board shall notify the applicant to appear for examination at a time and place fixed by the board. An applicant shall submit to the board proof that he or she has passed all examinations required by the board. The applicant shall also submit any protocols for the use of pharmaceutical agents that the board may require. When these requirements have been met by the applicant and approved by the board, the board shall grant to qualified applicants a license and a license certificate, both of which shall bear a serial number, the full name of the licensee, the date of issuance, the seal of the board, and the signature of the president and secretary of the board. A seal of approval by the board of the use of pharmaceutical agents for the treatment of the human eye and any of its adjacent structures shall be affixed to the license certificate. The board may grant a temporary license under the circumstances and conditions, and in the form, as may be prescribed by rules and regulations of the board.
(e) Every license issued, whether permanent or temporary, and every annual registration certificate shall be in the possession of the optometrist to whom it was issued and posted in the office where he or she practices.
(f) Those persons who hold valid licenses to practice optometry in the State of Alabama on October 1, 1994, shall continue to be so licensed after October 1, 1994, subject to this chapter, regardless of whether they are otherwise qualified to secure a license under this chapter. Optometrists licensed under this section may apply to the board, in a manner prescribed by the board, for approval to use pharmaceutical agents for the treatment of disease of the human eye and its adjacent structures. The board shall prescribe requirements to be met by applicants prior to approval by the board including, but not limited to, the requirement that the applicant has successfully completed at least 72 clock hours in the diagnosis and management of disease of the human eye and its adjacent structures within a three-year period preceding application for a license.
(Acts 1975, No. 1148, p. 2257, §6; Acts 1989, No. 89-233, p. 288, §3; Acts 1993, No. 93-153, p. 222, §3; Acts 1995, No. 95-218, p. 370, §1; Act 2005-77, p. 120, §3; Act 2009-33, p. 109, §3; Act 2013-75, p. 157, §3.)
Any person who has successfully passed a standard examination in optometry in any state of the United States or all parts of the examination given by the National Board of Examiners in Optometry and is the holder of a certificate to that effect, issued by the board of that state, or by the national board, and who has a current license to practice optometry in any state in the United States, and has conducted an ethical professional practice of optometry for at least one year, may, at the discretion of the board, and upon the payment of the amount of the regular examination fee, take the standard examination, and upon passing the examination be registered as qualified to practice optometry in this state. Optometrists licensed under this chapter may apply to the board for approval to use pharmaceutical agents for the treatment of disease of the human eye and its adjacent structures. The board shall prescribe rules and regulations setting forth the manner in which the application shall be made and approval shall be given. Licensed pharmacists of this state shall fill those prescriptions as are ordered by licensed optometrists approved by the board to use pharmaceutical agents.
(Acts 1975, No. 1148, p. 2257, §7; Acts 1989, No. 89-233, p. 288, §3; Acts 1995, No. 95-218, p. 370, §1.)
(a) All registered optometrists licensed in this state are required to take annual courses of study in subjects relating to the practice of optometry. The length of study shall be prescribed by the board but shall not exceed 25 hours in any calendar year. Licensees approved by the board to use pharmaceutical agents shall be required to take not less than 20 nor more than 25 hours of continuing education, half of which shall be in subjects relating to the diagnosis, treatment, and management of disease of the human eye and its adjacent structures. Attendance shall be at a course or courses approved by the board.
(b) Continuing education requirements shall be completed between October 1 and September 30 of each fiscal year prior to the time for license renewal for the next fiscal year. Upon the failure of any licensee to certify compliance with continuing education requirements for the fiscal year on or before the first day of November, the board shall notify the licensee by registered mail or other common carrier approved by the board with return receipt requested or electronic mail with electronic mail delivery receipt that certification has not been received and unless certification is received on or before the first day of January, his or her license and license certificate shall be automatically suspended. Notification by common carrier shall be transmitted to the licensee’s last mailing address of record. Notification by electronic mail shall be transmitted to the licensee’s last electronic mail address of record. If the certification demonstrating compliance with continuing education requirements is not received by the board on or before January 1, the license and license certificate of the licensee which was previously granted shall automatically be suspended. Notwithstanding the foregoing, between October 1 and December 31 of each year, the licensee shall be permitted to complete continuing education requirements that he or she has failed to complete prior to the end of the fiscal year on September 30.
(c) The license and license certificate shall be reinstated only upon the provision of satisfactory evidence to the board, in a form acceptable to the board, that the continuing education requirements for the fiscal year next preceding the proposed reinstatement have been satisfied and upon the payment of all fees required to be paid under this chapter.
(d) Every licensed optometrist who desires to continue the practice of optometry in this state shall annually, on or before October 1, pay to the secretary of the board a renewal fee of one hundred sixty dollars ($160), for which the licensee shall receive a renewal of the registration. Every licensed optometrist approved by the board to use pharmaceutical agents shall pay an additional fee of one hundred dollars ($100). The licensee shall sign and verify, either physically or electronically, the accuracy of the registration and certify his or her compliance with the continuing education requirements of the board for renewal on a form provided by the board either physically or electronically. Upon submission of the completed verification provided by the board, together with the aforementioned fee, the licensee shall receive the current annual registration certificate authorizing him or her to continue the practice of optometry in this state for a period of one year.
(e) Any license and license certificate previously granted shall be suspended automatically if the holder fails to secure the annual registration certificate by January 1 each year. Any optometrist whose license is suspended automatically by reason of failure, neglect, or refusal to secure the annual registration certificate shall be reinstated by the board upon payment of a penalty fee of two hundred dollars ($200) plus all accrued annual registration fees accompanied with the prescribed form for annual registration of the license.
(f) Upon the failure of any licensee to file an application for the annual registration certificate and pay the annual registration fee on or before November 1 each year, the board shall notify the licensee by certified or registered mail or other common carrier approved by the board with return receipt requested or electronic mail with electronic mail delivery receipt that the application and fee have not been received and that, unless the application and fee are received on or before the first day of January of the following year, the license and license certificate shall be automatically suspended. Notification by common carrier shall be transmitted to the licensee’s last mailing address of record. Notification by electronic mail shall be transmitted to the licensee’s last electronic mail address of record.
(g) The board may waive annual registration and the payment of fees while any licensee is prevented from practicing optometry by reason of physical disability, temporary active duty with any of the Armed Forces of the United States, or while any licensee is completely retired from the practice of optometry. The waiver of fees shall be effective so long as the disability, temporary active duty, or complete retirement continues.
(h) The board shall adopt rules to administer this section.
(Acts 1975, No. 1148, p. 2257, §8; Acts 1989, No. 89-233, p. 288, §§3, 4; Acts 1995, No. 95-218, p. 370, §1; Acts 1997, No. 97-158, p. 211, §3; Act 2006-549, p. 1265, §1; Act 2025-116, §3.)
Any of the following shall constitute grounds for revocation of license or suspension of license for a definite period of time, for a private or public reprimand, for probation, for the levying and collection of an administrative fine not to exceed one thousand dollars ($1,000) per violation, for the institution of any legal proceedings necessary to enforce the provisions of this chapter:
(1) Fraud, deceit, dishonesty, or misrepresentation, whether knowingly or unknowingly, in the practice of optometry or in obtaining any license, license certificate, annual registration certificate, or other thing of value.
(2) Incompetency.
(3) Conviction of a felony or a misdemeanor which involves moral turpitude.
(4) Gross immorality.
(5) Habitual drunkenness or addiction to the use of morphine, cocaine, or other drugs having similar effect.
(6) Insanity, as adjudged by a court of competent jurisdiction.
(7) Directly or indirectly employing, hiring, procuring, or inducing a person, not licensed to practice optometry in this state, to so practice.
(8) Directly or indirectly aiding or abetting in the practice of optometry any person not duly licensed to practice under this chapter.
(9) Directly or indirectly employing solicitors, canvassers, or agents for the purpose of obtaining patronage.
(10) Willfully or repeatedly violating any of the provisions of this chapter.
(11) Practicing or attempting to practice optometry under a name other than one’s own name as set forth on the license certificate.
(12) Lending, leasing, renting, or in any other manner placing his or her license or license certificate at the disposal or in the service of any person not licensed to practice optometry in this state.
(13) Soliciting patients by fraudulent or misleading advertising of any kind, nature, or description.
(14) Failing to comply with the continuing education requirements established by the board pursuant to the provisions of this chapter.
(15) Practicing optometry in any temporary office, apart from a regularly established office; provided, that a licensed optometrist may establish a branch office if the branch office is duly equipped with the instruments necessary, according to rules and regulations promulgated by the board, to make complete optometric examination; provided further, that the branch office is in personal and direct charge of the optometrist establishing it or a licensed associate.
(16) Practicing optometry as the employee of any person, group, association, or corporation on the basis of any fee splitting or on any basis which has the effect of any such agreement; provided, that the provisions of this subdivision shall not be so construed as to prohibit a licensed optometrist from participating in health maintenance organizations composed of licensed professional practitioners in the health care field, other similar ethical professional health care groups, or in professional associations or professional corporations organized under Alabama law or penalize him or her for participation; provided further, that the provisions of this subdivision shall not be so construed as to prohibit a licensed optometrist from practicing as the partner, employee, or associate of another licensed optometrist or a physician.
(17) Violating any other standards of professional conduct as may be adopted as rules by the board.
(Acts 1975, No. 1148, p. 2257, §9; Acts 1975, 4th Ex. Sess., No. 124, p. 2818, §1; Acts 1989, No. 89-233, p. 288, §3; Acts 1995, No. 95-218, p. 370, §1; Act 2005-77, p. 120, §3.)
All fees received by the board for examinations, annual renewal registrations, or from any other source shall be utilized in regulating the practice of optometry and paying the expenses of the board, including necessary clerk hire, legal expenses, and per diem and expenses of the members of the board as herein provided. Should the funds in the hands of the board at the end of any fiscal year (October 1) be more than two hundred thousand dollars ($200,000), the excess of this amount shall be paid into the State Treasury to the credit of a special trust fund which shall be spent solely for the purpose of constructing, operating, and maintaining a college of optometry at the University of Alabama, in Birmingham, equipping of facilities, student scholarships and loans, faculty salaries and endowments, continuing education, and research grants.
(Acts 1975, No. 1148, p. 2257, §14; Acts 1989, No. 89-233, p. 288, §3; Act 2001-270, p. 329, §3.)
(a)(1) In order to accomplish the purposes and to provide for the enforcement of this chapter, there is created the Alabama Board of Optometry. The board may implement and enforce this chapter. On October 10, 1975, the State Board of Optometry as then constituted shall be abolished, but the members thereof shall serve as members of the Alabama Board of Optometry created by this section and shall continue to serve until their present terms of appointment expire, as set out below. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Until October 1, 1992, the Alabama Board of Optometry shall consist of five individuals, no two of whom shall reside in the same United States Congressional District. On October 1, 1993, two additional members shall be appointed to the board. The board shall then be composed of seven members, one from each United States Congressional District.
(2) The members shall be individuals licensed to practice optometry in this state, each of whom shall be a citizen and resident of this state, who shall have been actively engaged in the practice of optometry for at least five years next preceding the date of their appointment. The term of one member of the board shall expire October 1, 1975, and every fifth year thereafter; the term of one member shall expire October 1, 1976, and every fifth year thereafter; the term of one member shall expire October 1, 1977, and every fifth year thereafter; the term of one member shall expire October 1, 1978, and every fifth year thereafter; the term of one member shall expire October 1, 1979, and every fifth year thereafter; the term of two additional members shall begin on October 1, 1993, and expire October 1, 1998, and every fifth year thereafter. Each member of the board shall be appointed by the Governor from a list of five names of qualified individuals certified to him or her by the board.
(b) When the term of any member of the board expires, that individual shall continue to serve until his or her successor is appointed and qualified. No individual may serve more than two consecutive terms on the board.
(c) For the purpose of preparing the list of five names, the board shall conduct an annual meeting at least 30 days prior to October 1 of each year at which all optometrists licensed to practice and holding a current annual registration certificate pursuant to this chapter may attend, nominate, and vote. The board may regulate and prescribe the place and hour of the meeting, the method of nomination, and the manner of voting. Each optometrist in attendance may vote for those individuals duly nominated, and no cumulative or proxy voting shall be permitted. Each optometrist voting shall vote for five nominees in order for his or her ballot to be valid, and any ballot indicating votes for more or less than five nominees shall be void. The five individuals receiving the greatest number of votes of those in attendance at the meeting shall be the five individuals whose names shall be certified to the Governor for appointment to the board, without substitution. In order for an individual to withdraw from the list, the individual must do so in writing and present it to the secretary of the board prior to the submission of the list to the Governor, after eliminating the individual withdrawing from the list, and the list shall be composed solely of those names remaining. At least 30 days prior to the meeting the board shall transmit notices to each optometrist licensed to practice and holding a current annual registration certificate pursuant to this chapter at the mailing address or electronic mail address shown on his or her current registration notifying each optometrist of the exact date, place, and hour of the meeting, the purpose of the meeting, and of the right to attend and vote. In the event of a vacancy prior to the next annual meeting, the Governor shall fill the vacancy from the remaining names on the list. The Governor may remove any member for neglect of duty, incompetency, improper or unprofessional conduct, or having his or her license revoked or suspended.
(Acts 1975, No. 1148, p. 2257, §3; Acts 1984, No. 84-310, p. 691, §1; Acts 1989, No. 89-233, p. 288, §3; Acts 1993, No. 93-153, p. 222, §3; Acts 1997, No. 97-158, p. 211, §3; Act 2009-33, p. 109, §3; Act 2025-116, §3.)
(a) The board shall choose annually one of its members as president, one as vice president, and one as secretary-treasurer, who each may administer oaths and take affidavits, certifying thereto under their hand and the common seal of the board.
(b) The board shall meet at least once each year in the City of Montgomery or in a place designated by the president and, in addition thereto, whenever and wherever the president thereof calls a meeting. A majority of the board shall at all times constitute a quorum. The secretary of the board shall keep a full record of the proceedings of the board, which shall at all reasonable times be open to public inspection.
(c) Each member of the board shall be reimbursed at the same per diem and travel allowance amounts paid by law to state employees for each day of attendance upon the business of the board, and in addition thereto, the sum of four hundred dollars ($400) per diem for each day actually spent by each member upon the business of the board. All expenses and per diem shall be paid out of the receipts of the board under this chapter. The secretary shall receive compensation as fixed by the board and shall be the custodian of all records and the official seal of the board.
(d) All money received by the board shall be deposited in the Alabama Board of Optometry Fund which is created in the State Treasury for the use of the board, and the execution and enforcement of this chapter and the payments of salaries, expenses, and other authorized costs of the board. Receipts deposited into the fund shall be disbursed only by warrant of the Comptroller drawn upon the State Treasury on itemized vouchers by the executive director of the board. No funds may be withdrawn or expended except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations act, other appropriation acts, or this section. At the end of each fiscal year, any unencumbered balance shall not revert to the State General Fund under Section 41-4-93, but shall carry over to the next fiscal year within the Alabama Board of Optometry Fund.
(e) The president, executive director, and treasurer shall give such bonds as the board from time to time directs.
(f) The board shall make an annual report of its proceedings to the Governor on the first Monday of January of each year.
(Acts 1975, No. 1148, p. 2257, §4; Acts 1989, No. 89-233, p. 288, §3; Acts 1993, No. 93-153, p. 222, §3; Acts 1997, No. 97-158, p. 211, §3; Act 2005-77, p. 120, §3; Act 2025-116, §3.)
The board shall exercise and perform, subject to this chapter, each of the following powers and duties:
(1) Conduct examinations at least once each year to ascertain the qualifications and fitness of applicants for licenses to practice optometry.
(2) Prescribe rules and regulations for conducting and administering an examination of applicants for licensing as optometrists and to effectuate this chapter.
(3) Institute, upon a complaint or petition, hearings of charges against licensed optometrists or other persons as provided in this chapter.
(4) Institute legal proceedings for violations of this chapter.
(5) Grant and deny licenses in conformity with this chapter, including applications for approval to use pharmaceutical agents.
(6) Formulate rules and regulations by which the board shall determine which optometry schools and colleges in or out of the State of Alabama have been duly accredited by a recognized and properly authorized accrediting agency and which accredited schools or colleges shall be approved by the board.
(7) Establish standards of continuing education which shall be deemed a requisite to the renewal of licenses of applicants who are otherwise qualified to practice optometry in the State of Alabama.
(8) Keep a register of optometrists containing the names and addresses of all persons to whom license certificates, temporary licenses, approvals for use of pharmaceutical agents, and limited licenses have been issued in the State of Alabama, the date of the issuance, the place or places of business in which each optometrist is engaged, and all renewals, revocations, and suspensions of licenses and certification.
(9) Administer oaths and affirmations of witnesses, issue subpoenas to compel the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence, and materials in any hearing, investigation, or other proceeding before the board.
(10) Employ or appoint an executive director, clerical personnel, and legal advisors or counsel to assist in implementing this chapter when there is a need for those services and when funds are available for those purposes. The executive director may be a licensed optometrist in this state, but may not, while serving as the executive director, also serve as a member of the Board of Optometry. The executive director shall not be subject to the state Merit System.
(11) Prescribe rules and regulations establishing a program of internship as a requisite to application for license, if the board deems such a program advisable.
(12) Prescribe rules and regulations establishing circumstances and conditions upon which temporary licenses may be issued by the board and the terms and conditions of the temporary licenses.
(13) Prescribe rules and regulations subject to the limitations of this chapter for the utilization of methods or means of treatment recognized as being within the scope of the practice of optometry.
(14) Prescribe rules and regulations subject to the limitations of this chapter necessary for the performance of eye care procedures reasonably necessary to the treatment of conditions or diseases of the human eye and its adjacent structures.
(Acts 1975, No. 1148, p. 2257, §5; Acts 1993, No. 93-153, p. 222, §3; Acts 1995, No. 95-218, p. 370, §1.)
(a) The secretary of the board shall keep a registry in which shall be entered the names of all persons to whom temporary licenses, limited licenses, license certificates, approvals for the use of pharmaceutical agents, and annual registration certificates have been granted under this chapter, the numbers of the license certificates and annual registration certificates, the dates of granting the same, and other matters of record and shall keep a true and correct copy of the minutes of all board meetings.
(b) A photograph of the records, or a copy of the records certified by the secretary and under the seal of the board, shall be admitted in any of the courts of this state as prima facie evidence of the facts contained in the records and in lieu of the original records.
(c) A certificate under the hand of the secretary and the seal of the board that there is not entered in the record books the name, number of, and date of granting a license certificate or renewal license certificate to a person charged with a violation of this chapter shall be prima facie evidence of the facts contained therein. The certificates shall be admitted in any of the courts of this state in lieu of the records of the board.
(d) The original books, records, and papers of the board shall be kept at the office of the secretary of the board, which office shall be at a place designated by the board.
(e) Upon the payment of a reasonable fee established by the board, the secretary of the board shall transmit a copy of the most recent registry to any person requesting it.
(Acts 1975, No. 1148, p. 2257, §13; Acts 1989, No. 89-233, p. 288, §3; Acts 1995, No. 95-218, p. 370, §1; Act 2025-116, §3.)
(a)(1) There is established the Board of Optometric Scholarship and Loan Awards which shall establish and award scholarships for academic excellence to provide for and further optometric training in pursuance of an optometric degree and establish and award loans to incentivize students to serve underserved areas of the state.
(2) Awards may be available to qualified applicants for admission to the University of Alabama at Birmingham School of Optometry. Qualified applicants from any other optometric school accredited by the Accreditation Council on Optometric Education of the American Optometric Association are eligible to apply for loans provided through the Alabama Optometric Service Program, created pursuant to Section 34-22-62. The board shall give first priority to students who will attend the University of Alabama at Birmingham School of Optometry.
(b) The board shall be composed of all of the following members:
(1) One optometrist from six components of the nine component societies of the Alabama Optometric Association whose terms of office shall be staggered, two optometrists being elected for a term of two years; two optometrists being elected for a term of three years; and two optometrists being elected for a term of four years, with each successor being elected for a term of four years.
(2) A member of the Alabama Optometric Association, appointed by the board of the Alabama Optometric Association.
(3) The Dean of the University of Alabama at Birmingham School of Optometry, or his or her designee.
(4) The Chair of the University of Alabama at Birmingham School of Optometry Admissions Committee.
(5) The Executive Director of the Alabama Optometric Association.
(6) Two community representatives appointed by the Governor.
(c) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. The board shall annually report to the Legislature, by the second legislative day of each regular session, the extent to which the board has complied with the diversity requirements of this subsection.
(d) Annually, the board shall elect a chair from among its members.
(e) Fifty percent of the members of the board shall constitute a quorum for the transaction of business at meetings.
(f) Members of the board may participate in a meeting of the board by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including constituting a quorum.
(Acts 1982, No. 82-460, p. 735, §1; Act 2009-648, p. 1988, §1; Act 2022-388, §1.)
(a) The Board of Optometric Scholarship and Loan Awards may make reasonable rules, not inconsistent with the laws of this state, necessary for the regulation of its proceedings and for the discharge of the duties imposed upon the board.
(b) The board shall receive and review all applications for scholarships and loans; shall thoroughly investigate the ability, character, and qualifications of each applicant; and shall administer the scholarships and loans, subject to the provisions of this article.
(c) At least once every two years, the board shall calculate by county or other geographic area an Optometric Shortage Index by dividing the population of the geographic area by the number of optometrists practicing within that geographic area.
(d)(1) Annually, on or before the first day of December, the board shall submit a report on the condition, performance, and accomplishments of the scholarships granted and loans issued to all the following:
a. The Governor.
b. The Lieutenant Governor.
c. The Speaker of the House of Representatives.
d. The President Pro Tempore of the Senate.
e. The Chair of the House of Representatives Health Committee.
f. The Chair of the Senate Healthcare Committee.
g. The Chair of the Senate Finance and Taxation Education Committee.
h. The Chair of the House of Representatives Ways and Means Education Committee.
i. The Deputy Director of the Legislative Services Agency-Fiscal Division.
j. The Director of Finance.
(2) The board shall work with the Alabama Commission on the Evaluation of Services to develop, track, and collect the data and information necessary for the report.
(e) Any appropriation made to the board or otherwise received by the board remaining at the end of any fiscal year shall remain with the board and shall not revert to any other fund.
(Acts 1982, No. 82-460, p. 735, §3; Act 2012-476, p. 1319, §1; Act 2022-388, §1.)
The Board of Optometric Scholarship and Loan Awards shall establish the following types of scholarships and loans:
(1) Annual loans, not exceeding 25 percent of the number of students enrolled in the University of Alabama at Birmingham School of Optometry, based on the economic need and scholastic ability of the applicant, in an amount not to exceed 30 percent of the current annual cost of tuition at the University of Alabama at Birmingham School of Optometry. The loan shall be available to any Alabama resident of good character who has been accepted for matriculation by the University of Alabama at Birmingham School of Optometry. This subdivision shall also apply to graduate students in vision science, at the discretion of the board.
(2) Merit scholarships, not exceeding 25 percent of the number of students enrolled in the University of Alabama at Birmingham School of Optometry, in an amount not to exceed the current annual cost of tuition at the University of Alabama at Birmingham School of Optometry. These scholarships shall be available to outstanding students, who are residents of Alabama. One-fourth of the merit scholarships shall be awarded each year to members of the entering class at the University of Alabama at Birmingham School of Optometry, who, in the judgment of the board, have the highest scholastic achievement in undergraduate studies, sufficient aptitude, excellence of character, and other pertinent qualifications. Recipients of merit scholarships may also apply for loans awarded by the board. This subdivision shall also apply to graduate students in vision science, at the discretion of the board.
(3) Loans issued pursuant to the Alabama Optometric Service Program. The board shall establish and operate the Alabama Optometric Service Program, under which loans may be issued by the board to applicants of good character who are enrolled in the University of Alabama at Birmingham School of Optometry, or any other educational institution accredited by the Accreditation Council on Optometric Education of the American Optometric Association. Applicants approved to participate in the program may be issued a loan equal to the four-year cost of attendance based on in-state tuition and required fees at the University of Alabama at Birmingham School of Optometry.
(Acts 1982, No. 82-460, p. 735, §4; Act 2009-648, p. 1988, §1; Act 2022-388, §1.)
(a) Annual loans extended under subdivision (1) of Section 34-22-62 shall be repaid following graduation, either in cash as is provided in subdivision (1) or under terms of a contract to serve in an area of need in Alabama for a term to be specified by the board as provided in subdivision (2). Any monies received from recipients in repayment of a loan under subdivision (1) or (2), upon receipt, shall be retained by the Board of Optometric Scholarship and Loan Awards to be used for the funding of future scholarships awards and loans. The board shall establish a separate fund for these purposes.
(1) Repayment of annual loans under this subdivision shall be made to the board in full at an interest rate determined by the board from the date of graduation from the optometry school, and payments are to be made according to terms established by the board, the first of which is due six months after graduation from optometry school or the completion of residency training, whichever occurs last. Repayment in full shall be completed within eight years from initiation of repayment. Any recipient who fails for any reason to continue his or her optometric education or who fails to practice optometry in this state shall repay all loan amounts in accordance with terms and conditions established by the board. The interest rate on the unpaid loan amounts shall be applied from the date of departure or removal from the optometry school.
(2) Repayment of annual loans under this subdivision shall be made by service in one of the following ways, subject to approval by the board and considering the most current Optometric Shortage Index:
a. Practice for a four-year period in a community of less than 5,000 population which has been deemed to be critically in need of additional optometric practitioners.
b. Practice for a five-year period in a community of more than 5,000 population and less than 15,000 population which has been deemed to be critically in need of additional optometric practitioners.
c. Practice for a five-year period in a community of more than 15,000 but less than 100,000 population and repayment of one-half the loan plus an interest rate set by the board to be repaid annually in five annual payments, beginning at the end of the first year of practice.
d. Practice for four years in a position in Alabama in public health or as an optometrist in any state institution approved by the board.
e. Part-time service in an area of critical need that is one of the top 50 percent of areas with the highest rate under the most recent Optometric Shortage Index. The loan recipient shall spend an average of 20 hours a week on an annual basis practicing direct patient care in the designated area to receive partial forgiveness up to 50 percent of his or her annual loan amount.
f. For loans of less than four years of study, service repayment may be prorated on the basis of one-fourth of the above requirements for each loan.
(b)(1) Loans extended under subdivision (3) of Section 34-22-62 shall be repaid under terms of a contract by working in full-time clinical practice as a licensed optometrist in an area of critical need, approved by the board, for six years or as provided in subdivision (2). Each optometrist participating in the Alabama Optometric Service Program shall participate in the state Medicaid program under the terms of the written contract.
(2) If the participant can demonstrate to the board’s satisfaction that a qualifying percent of the participant’s active patients were indigent or covered by Medicaid during the previous year, the participant shall receive additional service credit based on the following criteria:
a. Three months if at least 20 percent of the participant’s active patients were indigent or covered by Medicaid during the previous year.
b. Six months if at least 30 percent of the participant’s active patients were indigent or covered by Medicaid during the previous year.
c. One year if at least 50 percent of the participant’s active patients were indigent or covered by Medicaid during the previous year.
(3) A participant in the program, subject to approval by the board, may change the area of critical need where he or she will work to repay loans under this program, but in no case shall the participant work in a full-time clinical practice for less than four years in the new area of critical need.
(4)a. An area of critical need shall be any area in this state that is one of the top 30 percent of areas with the highest rate under the most recent Optometric Shortage Index. The board may also consider the percentage of practicing optometrists in a county or shortage area that are over the age of 65 in determining an area of critical need.
b. The board may allow a participant in the Alabama Optometric Service Program to serve part-time in an area of critical need that is one of the top eight percent of areas with the highest rate under the most recent Optometric Shortage Index. The participant must spend an average of 20 hours per week on an annual basis practicing direct patient care in the designated area for a minimum of six years to qualify for full forgiveness of the loan.
(Acts 1982, No. 82-460, p. 735, §5; Act 2009-648, p. 1988, §1; Act 2022-388, §1.)
(a) Each recipient of a loan under the provisions of this article shall enter into a contract with the Board of Optometric Scholarship and Loan Awards where the recipient agrees to repay the loan in a manner prescribed by the board not inconsistent with any provisions of this article. Breach of contract by the recipient shall make the recipient immediately liable for the unpaid balance of the loan and shall constitute a ground for the revocation of the recipient’s certificate or license to practice optometry in this state. In the event of death or total and permanent disability of the recipient to engage in the practice of optometry, repayment of the loan may be excused by the board.
(b) If a breach of contract occurs prior to completion of the repayment obligations set forth in this article, a penalty equal to 100 percent of the remaining principal amount of all loans received by the recipient shall be assessed under the written contract.
(c) The Attorney General of Alabama, upon request of the Board of Optometric Scholarship and Loan Awards, shall institute proceedings in the name of the state for the purpose of recovering any amount due the state under the provisions of this article. All proceedings involving default or dispute of the contract shall be brought in the appropriate court of jurisdiction in Montgomery County. The proceedings to have an optometrist’s certificate or license revoked shall be commenced upon the written complaint of the board to the State Board of Optometric Examiners. The proceedings shall be in accordance with the Alabama law pertaining to the revocation of licenses to practice optometry.
(d) The board may pursue all means legally available to it under the law to collect on outstanding balances if a breach of contract occurs. Any monies received from recipients in repayment or recovered by the board from this section shall be retained by the board for the funding of future scholarships and loans.
(Acts 1982, No. 82-460, p. 735, §6; Act 2022-388, §1.)
(a) Any incorporated or unincorporated municipality or locality in the state having a population of less than 100,000 desiring additional optometrists and wishing to be designated as a locality needing additional optometrists, may apply to the Board of Optometric Scholarship and Loan Awards to be placed on a list of localities in need of additional optometrists, which list shall be maintained by the board.
(b) An application may be made either by the municipal governing body or by a petition signed by at least one-twentieth of the qualified electors of the municipality or locality.
(c) If the board determines that a locality is in need of optometrists, it shall place the locality on the list of localities in need of optometrists from which recipients of loans may work to repay the loans with service approved by the board under Section 34-22-63(b).
(Acts 1982, No. 82-460, p. 735, §7; Act 2022-388, §1.)
The Legislature hereby finds and declares that technological advances are occurring in the practice of optometry, thereby changing the practice of optometry, and that those technological advances are in the public interest. The Legislature further finds and declares that the practice of optometry is a privilege and that the state’s ability to regulate and monitor such technological advances is necessary for the protection of the citizens of this state and for the public interest, health, welfare, and safety.
(Act 98-495, p. 956, §1; Act 2014-339, p. 1257, §1.)
For the purposes of this article, the following terms shall have the following meanings:
(1) BOARD. The Alabama Board of Optometry created pursuant to Section 34-22-40.
(2) DISTANT SITE PROVIDER. The provider providing the telemedicine service from a site other than the patient’s current location. A distant site provider shall hold an active Alabama license pursuant to Section 34-22-20 or Section 34-22-21.
(3) ESTABLISHED TREATMENT SITE. A location where a patient shall present to seek optometric care where there is an optometrist present and sufficient technology and equipment to allow for an adequate physical evaluation as appropriate for the patient’s presenting complaint. The term requires an optometrist-patient relationship. A patient’s private home is not considered an established treatment site.
(4) FACE-TO-FACE VISIT. An evaluation performed on a patient where both the provider and patient are at the same physical location or where the patient is at an established treatment site.
(5) IN-PERSON EVALUATION. A patient evaluation conducted by a provider who is at the same physical location as the location of the patient.
(6) PROVIDER. An optometrist holding an active Alabama license pursuant to Section 34-22-20 or Section 34-22-21.
(7) TELEMEDICINE. A health service that is delivered by a licensed optometrist acting within the scope of his or her license and that requires the use of advanced telecommunications technology, other than telephone or facsimile technology, including all of the following:
a. Compressed digital interactive video, audio, or data transmission.
b. Clinical data transmission using computer imaging by way of still image capture and store and forward.
c. Other technology that facilitates access to health care services or optometric specialty expertise.
(Act 98-495, p. 956, §2; Act 2014-339, p. 1257, §1.)
(a) A provider who uses telemedicine in his or her practice shall adopt protocols to prevent fraud and abuse through the use of telemedicine.
(b)(1) Privacy practices.
a. A provider that communicates with patients by electronic communications other than telephone or facsimile shall provide patients with written notification of the provider’s privacy practices before evaluation or treatment.
b. The notice of privacy practices shall include language that is consistent with federal standards under 45 CFR Parts 160 and 164 relating to privacy of individually identifiable health information.
c. A provider shall make a good faith effort to obtain the patient’s written acknowledgment of the notice.
(2) Limitations of telemedicine. A provider who uses telemedicine services, before providing services, shall give each patient notice regarding telemedicine services, including the risks and benefits of being treated via telemedicine, and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A signed and dated notice, including an electronic acknowledgement by the patient, establishes a presumption of notice.
(3) Necessity of in-person evaluation. When, for whatever reason, the telemedicine modality in use for a particular patient encounter is unable to provide all pertinent clinical information that a health care provider exercising ordinary skill and care would deem reasonably necessary for the practice of optometry at an acceptable level of safety and quality in the context of that particular encounter, then the distant site provider shall make this known to the patient and advise and counsel the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient’s needs.
(Act 98-495, p. 956, §3; Act 2014-339, p. 1257, §1.)
(a) Telemedicine services provided at an established treatment site may be used for all patient visits, including initial evaluations to establish a proper doctor-patient relationship between a provider and a patient.
(1) A provider shall be reasonably available onsite at the established medical site to assist with the provision of care.
(2) A provider may delegate tasks and activities at an established treatment site to an assistant who is properly trained and supervised or directed.
(b) A distant site provider who provides telemedicine services to a patient that is not present at an established treatment site shall ensure that a proper provider-patient relationship is established, which at a minimum includes all of the following:
(1) Having had at least one face-to-face meeting at an established treatment site before engaging in telemedicine services. A face-to-face meeting is not required for new conditions relating to an existing patient, unless the provider deems that such a meeting is necessary to provide adequate care.
(2) Establishing that the person requesting the treatment is in fact whom he or she claims to be.
(c) Evaluation, treatment, and consultation recommendations made in a telemedicine setting, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional in-person clinical settings.
(d)(1) Adequate security measures shall be implemented to ensure that all patient communications, recordings, and records remain confidential.
(2)a. Written policies and procedures shall be maintained when using electronic mail for provider-patient communications. Policies shall be evaluated periodically to make sure they are up to date. Policies and procedures shall address all of the following:
Privacy to assure confidentiality and integrity of patient-identifiable information.
Health care personnel, in addition to the provider, who will process messages.
Hours of operation and availability.
Types of transactions that shall be permitted electronically.
Required patient information to be included in the communication, such as the patient name, identification number, and type of transaction.
Archival and retrieval.
Quality oversight mechanisms.
b. All relevant provider-patient email, and other patient-related electronic communications, shall be stored and filed in the patient record.
c. Patients shall be informed of alternative forms of communication for urgent matters.
(Act 98-495, p. 956, §4; Act 2014-339, p. 1257, §1.)
(a) Patient records shall be maintained for all telemedicine services. The provider or distant site provider shall maintain the records created at any site where treatment or evaluation is provided.
(b) Distant site providers shall obtain an adequate and complete medical history for the patient before providing treatment and shall document the medical history in the patient record.
(c) Patient records shall include copies of all relevant patient-related electronic communications, including relevant provider-patient email, prescriptions, laboratory and test results, evaluations and consultations, records of past care, and instructions. If possible, telemedicine encounters that are recorded electronically shall also be included in the patient record.
(Act 98-495, p. 956, §5; Act 2014-339, p. 1257, §1.)
(a) A licensed optometrist, who is not licensed in Alabama pursuant to Section 34-22-20 or Section 34-22-21, who utilizes telemedicine across state lines in an emergency, as defined by the board, is not subject to the requirements of this article.
(b) A provider that is contacted in an emergency is not subject to the notice and security provisions of this article, but is subject to those provisions should any nonemergency care continue with the patient.
(Act 98-495, p. 956, §6; Act 2014-339, p. 1257, §1.)
Any person who violates this article is subject to criminal prosecution for the unlicensed practice of optometry under Section 34-22-6, or other action authorized in this state to prohibit or penalize continued practice without a license under Section 34-22-8.
(Act 98-495, p. 956, §7; Act 2014-339, p. 1257, §1.)
The Alabama Board of Optometry is vested with authority to adopt and promulgate rules to effect the purposes of this article.
(Act 98-495, p. 956, §8; Act 2014-339, p. 1257, §1.)
[Repealed]
Repealed by Act 2014-339, §3, effective July 1, 2014.
(Act 98-495, p. 956, §9.)
The purpose of this article is to provide for the identification and treatment of optometrists licensed under Alabama law who suffer from impairment in order to promote the public health and safety and to ensure the continued availability of the skills of highly trained optometric professionals for the benefit of the public.
(Act 2006-411, p. 1021, §1.)
For purposes of this article, the following terms shall have the following meanings:
(1) BOARD. The Alabama Board of Optometry.
(2) IMPAIRED or IMPAIRMENT. The inability of an optometrist to practice optometry with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition.
(3) IMPAIRED DOCTOR OF OPTOMETRY TREATMENT PROGRAM. The Alabama Board of Optometry approved or sponsored program for the detection, intervention, and monitoring of impaired providers.
(4) PROFESSIONAL INCOMPETENCE. The inability or failure of an optometrist to practice his or her profession with reasonable skill and safety; however, impairment in and of itself shall not give rise to a presumption of professional incompetence.
(5) TREATMENT PROGRAM. A plan of care and rehabilitation services provided by those organizations and persons authorized to provide such services for impaired providers taking part in the programs provided under this article.
(Act 2006-411, p. 1021, §2.)
To carry out the purposes of this article, the board may:
(1) Contract with any nonprofit corporation, health provider, or professional association for the purpose of creating, supporting, and maintaining a treatment program.
(2) Receive and evaluate reports of suspected impairment from any source.
(3) Intervene in cases of suspected impairment.
(4) Refer impaired optometrists to treatment programs.
(5) Monitor the treatment and rehabilitation of impaired optometrists.
(6) Provide post-treatment monitoring and support of rehabilitated impaired optometrists.
(7) Suspend, limit, or restrict the license of an impaired optometrist for the duration of the impairment.
(8) Perform such other activities as the board deems necessary to accomplish the purposes of this article.
(Act 2006-411, p. 1021, §3.)
The board shall develop procedures for the following:
(1) Informing each participant in a treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program.
(2) Voluntary self-reporting and treatment program participation by an optometrist.
(Act 2006-411, p. 1021, §4.)
(a) If the board has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment, and may suspend or restrict the license of any optometrist who declines to submit to and cooperate with such evaluation.
(b) If the board finds, after evaluation and a due process hearing held under rules of procedure to be established by the board, that a licensee is impaired, the board may take action as allowed by this article.
(Act 2006-411, p. 1021, §5.)
(a) An impaired optometrist may request in writing to the board the imposition of a restriction of his or her license to practice.
(b) The board may grant such request for restriction and may attach conditions to the licensure of the optometrist to practice optometry within specified limitations.
(Act 2006-411, p. 1021, §6.)
(a)(1) Notwithstanding any provision of law, records of the board pertaining to an impaired optometrist shall be confidential and shall not be subject to discovery or subpoena.
(2) No person in attendance at any board meeting concerning an impaired optometrist shall subsequently be required to testify in any court or non-board administrative proceeding as to any discussion or proceeding occurring at the board meeting.
(b) Information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any action merely because they were presented during the proceedings of the board meeting concerning an optometrist, nor shall any person who testifies before the board concerning an optometrist, or who is a member of the board, be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked, and shall not testify, about his or her testimony before the board or about opinions formed by him or her as a result of the board hearings.
(Act 2006-411, p. 1021, §7.)
An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this article shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of treatment program participation.
(Act 2006-411, p. 1021, §8.)
(a) Notwithstanding any other provision of law, the board, board members, board committees, board committee members, and employees and agents of the board shall not be held liable in damages to any person in connection with acts or omissions within the scope of their responsibilities pursuant to this article.
(b) No person who in good faith and without malice makes a report pursuant to this article to the board shall be liable for damages to any person.
(Act 2006-411, p. 1021, §9.)
Any optometrist who is identified as being impaired or voluntarily reports his or her impairment shall be responsible for the following:
(1) Paying fines for violations of law, rules, or regulations as determined by the board.
(2) Paying expenses incurred from determining impairment, approved treatment program, post-treatment monitoring, evaluation or reports concerning impairment, and other expenses identified by the board.
(3) Knowledge of his or her board approved treatment program procedures, responsibilities, and consequences of noncompliance.
(Act 2006-411, p. 1021, §10.)
The board may adopt and promulgate rules to effect the purposes of this article with such rules to be promulgated and enforced pursuant to the Administrative Procedure Act.
(Act 2006-411, p. 1021, §11.)
For the purpose of this chapter, the following words and phrases shall have the following meanings:
(1) ASSOCIATION. The Alabama Pharmacy Association.
(2) BIOLOGICAL PRODUCT. Has the same meaning as the term as defined in 42 U.S.C. § 262.
(3) BOARD or STATE BOARD. The Alabama State Board of Pharmacy.
(4) CHEMICAL. Any substance of a medicinal nature, whether simple or compound, obtained through the process of the science and art of chemistry, whether of organic or inorganic origin.
(5) DISPENSE. To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or his or her agent.
(6) DRUGS. All medicinal substances, preparations, and devices recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment, or prevention of disease in man or animal and all substances and preparations other than food intended to affect the structure or any function of the body of man or animal.
(7) EXTERN. A candidate for licensure as a pharmacist during the time prior to graduation from an accredited college of pharmacy.
(8) HOSPITAL. An institution for the care and treatment of the sick and injured, licensed by the Alabama State Board of Health and authorized to be entrusted with the custody of drugs and medicines, the professional use of drugs and medicines being under the direct supervision of a medical practitioner or pharmacist.
(9) INTERCHANGEABLE BIOLOGICAL PRODUCT. A biological product for which the federal Food and Drug Administration has made either a determination of licensure based on standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), or a determination of therapeutic equivalence based on the latest edition of or supplement to the federal Food and Drug Administration’s publication Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book).
(10) INTERN. An individual who is currently licensed by this state to engage in the practice of pharmacy while under the personal supervision of a pharmacist and is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist, a graduate of an approved college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist, or a qualified applicant awaiting examination for licensure.
(11) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words, “Caution, federal law prohibits dispensing without prescription” or similar wording indicating that such drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.
(12) LICENSE. The grant of authority by the board to a person authorizing him or her to engage in the practice of pharmacy in this state.
(13) MANUFACTURER. A person or entity, except a pharmacy, who prepares, derives, produces, researches, tests, labels, or packages any drug, medicine, chemical, or poison.
(14) MEDICAL PRACTITIONER. Any physician, dentist, or veterinarian, or any other person authorized by law to treat, use, or prescribe medicine and drugs for sick and injured human beings or animals in this state.
(15) MEDICINE. Any drug or combination of drugs that has the property of curing, diagnosing, preventing, treating, or mitigating diseases or that which may be used for those purposes.
(16) OUTSOURCING FACILITY. A facility at one geographic location or address that is engaged in the compounding of sterile drugs, which has elected to register with the federal Food and Drug Administration as an outsourcing facility and complies with the requirements of Section 503B(d)(4)(A) of the federal Food, Drug, and Cosmetic Act.
(17) PATENT OR PROPRIETARY MEDICINES. Completely compounded nonprescription packaged drugs, medicines, and nonbulk chemicals which are sold, offered, promoted, or advertised by the manufacturer or primary distributor under a trademark, trade name, or other trade symbol, and the labeling of which conforms to the requirements of the federal Food, Drug, and Cosmetic Act; provided, that this definition shall not include:
a. Drugs which are only advertised and promoted professionally to licensed physicians, dentists, or veterinarians by manufacturers or primary distributors.
b. A narcotic or drug containing a narcotic.
c. A drug the label of which bears substantially either the statements “Caution--federal law prohibits dispensing without prescription” or “Warning--may be habit-forming”.
d. A drug intended for injection.
(18) PERMIT. The grant of authority by the board to any person, firm, or corporation authorizing the operation of a pharmacy, wholesale drug distributor, repackager, bottler, manufacturer, or packer of drugs, medicines, chemicals, or poisons for medicinal purposes. Nonresident wholesale drug distributors registered with the appropriate agency, in the state in which they are domiciled, and operating in compliance with Prescription Drug Marketing Act standards, shall be allowed to do business in this state. No permit shall be required of any physician licensed to practice medicine for any act or conduct related to or connected with his or her professional practice.
(19) PERSON. Any individual, partnership, corporation, association, trust, or other entity.
(20) PHARMACIST. Any person licensed by the board to practice the profession of pharmacy as a health care provider in the State of Alabama and whose license is in good standing.
(21) PHARMACY. A place licensed by the board in which prescriptions, drugs, medicines, medical devices, chemicals, and poisons are sold, offered for sale, compounded, or dispensed, and shall include all places whose title may imply the sale, offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons.
(22) PHARMACY SERVICES PERMIT. Certain services performed by a pharmacy, as defined by board rule, and specifically excluding the receipt or inventory of drugs, medicines, chemicals, poisons, or medical devices.
a. This subdivision, and any rule adopted by the board pursuant to this subdivision, may not be interpreted to expand the practice of pharmacy, as the practice of pharmacy and permits are limited by this section and Sections 34-23-11 and 34-23-70, or to restrict the practice of medicine as defined in Section 34-24-50.
b. This subdivision, and any rule adopted by the board pursuant to this subdivision, is subject to the restrictions contained in subsection (b) of Section 34-23-30.
c. This subdivision shall not be interpreted to allow the board to adopt any rule that would authorize a pharmacist to sell, offer for sale, or dispense any prescription drug except pursuant to the terms of a valid prescription issued by a licensed practitioner authorized to prescribe such drug.
(23) POISON. Any substance other than agricultural products and pesticides which when applied to, introduced into, or developed within the body in relatively small quantities by its inherent chemical action uniformly produces serious bodily injury, disease, or death.
(24) PRECEPTOR. A person who is duly licensed to practice pharmacy in the state and meets the requirements as established by the board.
(25) PRESCRIPTION. Any order for drug or medical supplies, written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent practitioner, licensed by law to prescribe and administer such drugs and medical supplies intended to be filled, compounded, or dispensed by a pharmacist.
(26) PRIVATE LABEL DISTRIBUTOR. A firm that does not participate in the manufacture or processing of a drug but instead markets and distributes under its own trade name, and labels a drug product made by someone else. A private label distributor is responsible for the products it introduces into interstate commerce and for compliance with federal Food, Drug, and Cosmetic Act requirements and Current Good Manufacturing Practices regulations.
(27) PROFESSIONAL DEGREE. A degree in pharmacy requiring a minimum of five academic years.
(28) REPACKAGER. A person who purchases or acquires from a manufacturer or distributor, a drug, medicine, chemical, or poison for the purpose of bottling, labeling, or otherwise repackaging for sale or distribution. This definition shall not apply to a physician licensed to practice medicine who as a part of his or her professional practice dispenses, administers, sells, or otherwise distributes any drug to a patient.
(29) SALE. Barter, exchange, or gift, or offer of barter, exchange, or gift, and shall include each transaction made by any person, whether a principal, proprietor, agent, servant, or employee.
(30) THIRD-PARTY LOGISTICS PROVIDER. An entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, that does not take ownership of the product, nor have responsibility to direct the sale or disposition of the product.
(31) WHOLESALE DRUG DISTRIBUTORS. A person, other than a manufacturer, the co-licensed partner of a manufacturer, a third-party logistics provider, or repackager, engaged in the business of distributing drugs and medicines for resale to pharmacies, hospitals, practitioners, government agencies, or other lawful outlets permitted to sell drugs or medicines. The sale, purchase, or trade of a drug by a retail pharmacy to another retail pharmacy or practitioner, for relief of temporary shortages, is exempt from this definition. Also exempt from this definition shall be all of the following:
a. Intracompany sales.
b. Manufacturer and distributor sales representatives who distribute drug samples.
c. Charitable organizations distributing to nonprofit affiliates of that organization.
d. Certain purchases by hospitals or other health care entities that are members of a group purchasing organization.
e. The distributors of blood and blood components.
(Acts 1966, Ex. Sess., No. 205, p. 231, §2; Acts 1991, No. 91-475, p. 860, §1; Act 98-643, p. 1414, §1; Act 2012-213, p. 381, §1; Act 2017-422, §1; Act 2018-107, §1; Act 2019-406, §1.)
The practice of pharmacy and the management and operation of pharmacies are hereby declared to affect the public health, safety, and welfare of the people of Alabama, and thereby subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that only qualified persons compound or dispense prescription drugs and medicines, and that pharmacies be managed in such a manner as to protect the public, and all provisions of this chapter shall be liberally construed to carry out these objects and purposes.
(Acts 1966, Ex. Sess., No. 205, p. 231, §1.)
(a) Each state drug investigator employed by the board must furnish satisfactory proof to the board that the investigator is an individual of good moral character and that in the judgment of the members of the board, he or she has sufficient knowledge of the laws pertaining to the practice of pharmacy and law enforcement to enable him or her to carry out the duties as an investigator consistent with this chapter. A state drug investigator employed by the board must serve an apprenticeship of a minimum of six months working with and under the supervision of the chief drug investigator or other investigator designated by the board. An investigator, before entering upon his or her duties, shall post with the board a bond in the amount of two thousand dollars ($2,000) conditioned upon the faithful performance of his or her duties.
(b) A state drug investigator shall:
(1) Inspect the medicines and drugs or drug products that are manufactured, packaged, packed, made, sold, offered for sale, exposed for sale, or kept for sale in this state;
(2) Subject to subsection (c), enter and inspect during business hours any pharmacy or any other place in this state where medicines or drugs or drug products or proprietary medicines are manufactured, packaged, packed, made, sold, offered for sale, or kept for sale, whether or not licensed by the board; and
(3) Inspect prescription files, prescription records, poison registers, exempt narcotic registers, and any other records pertaining to the filling and filing of prescriptions.
(c) A state drug investigator shall be subject to the same restrictions as other law enforcement officers with regard to search and seizure.
(d) A state drug investigator shall report to the board all violations of law relating to pharmacies and all rules of the board. As directed by the board, a state drug investigator shall issue written warnings for violations of such laws or rules or institute criminal proceedings against persons for such violations.
(e) When authorized by the board and where there are specific complaints, a state drug investigator may inspect records, shipping tickets, or any other document pertaining to the transfer of drugs or drug preparations, from or to hospitals, pharmacists, wholesale establishments, manufacturers, or any other place or establishment where the preparations of drugs are kept or stored.
(f) A state drug investigator shall take possession of all revoked licenses and permits or suspended licenses and permits, or both, when such licenses and permits are not surrendered voluntarily to the board by the person whose license or permit has been revoked or suspended.
(g) Nothing in this chapter shall authorize or require a state drug investigator to inspect the offices of physicians who have duly qualified with the State Board of Medical Examiners.
(Acts 1966, Ex. Sess., No. 205, p. 231, §7; Act 2017-422, p. 1392, §1; Acts 2025-372, §3.)
The Board of Pharmacy shall consider for licensure graduates from only those schools and colleges of pharmacy which are approved by the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §8; Act 2006-296, p. 607, §1.)
In the event of any sale in bankruptcy, at public auction or any other sale except in the normal course of business, the seller shall give written notice of such sale to the board at least one week prior to the day of sale, and a complete and accurate report must be made in writing to the board by the proposed seller within 10 days after such sale showing the names and addresses of the parties to whom any narcotics, exempt narcotics, or dangerous drugs have been sold together with an itemized inventory thereof. This section shall not apply to the bona fide sale of a pharmacy as a business when the board has been notified of such proposed sale.
(Acts 1966, Ex. Sess., No. 205, p. 231, §30.)
Any person found in possession of a drug or medicine limited by law to dispensation by a prescription, unless such drug or medicine was lawfully dispensed, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 and, in addition thereto, may be imprisoned in the county jail for hard labor for not more than one year. This section shall not apply to a licensed pharmacy, licensed pharmacist, wholesaler, manufacturer, or his or her representative acting within the line and scope of his or her employment, physician, veterinarian, dentist, or nurse acting under the direction of a physician, nor to a common carrier or messenger when transporting such drug or medicine in the same unbroken package in which the drug or medicine was delivered to him or her for transportation.
(Acts 1966, Ex. Sess., No. 205, p. 231, §31.)
(a) No person shall dispense or cause to be dispensed a different drug or brand of drug in lieu of that ordered or prescribed without the express permission in each case of the person ordering or prescribing such drug, except as provided below:
(1) A licensed pharmacist shall be permitted to select for the brand name drug product prescribed by a licensed physician or other practitioner who is located in this state and authorized by law to write prescriptions, hereinafter referred to as “practitioner,” a less expensive pharmaceutically and therapeutically equivalent drug product containing the same active ingredient or ingredients, and of the same dosage form strength, in all cases where the practitioner expressly authorizes the selection in accordance with subdivision (4).
(2) A licensed pharmacist shall be permitted to select for the brand name drug product prescribed by a practitioner who is located in another state or licensing jurisdiction and who is authorized by the laws of that state or jurisdiction to write prescriptions, a less expensive pharmaceutically and therapeutically equivalent drug product containing the same active ingredient or ingredients, and of the same dosage form strength, in all cases where the out-of-state licensed physician or other practitioner does not expressly prohibit a substitution.
(3) A pharmacist shall record on the prescription form the name and manufacturer or distributor of any drug product dispensed as herein authorized.
(4)a. Every written prescription issued in this state by a licensed practitioner shall contain two signature lines. One line shall indicate if the brand name is meant to be dispensed and the other shall indicate if a product selection is permitted. The practitioner shall communicate instructions to the pharmacist by signing on the appropriate line.
b. An oral or electronic prescription, including an e-fax, from the practitioner shall instruct the pharmacist whether or not a less expensive pharmaceutically and therapeutically equivalent drug product may be dispensed. The pharmacist shall note instructions on the file copy of the prescription and retain the prescription form for the period specified by law. The board shall not adopt any rule affecting the subject matter of this subdivision.
(5) Unless otherwise indicated by the practitioner, the prescription label on the dispensing container shall indicate the actual drug product dispensed, either the brand name, or if none, the generic name, and the name of the manufacturer or a reasonable abbreviation of the name of the manufacturer.
(b) Subsection (a) shall not be interpreted to exclude the use of a formulary or drug list as adopted and approved by a medical staff in a licensed hospital with drugs provided thereunder by procedures established for use within that licensed hospital.
(Acts 1966, Ex. Sess., No. 205, p. 231, §18, Acts 1979, No. 79-429, p. 676, §1; Act 2002-58, p. 144, §1; Act 2019-441, §1; Act 2025-372, §3.)
(a) No person shall dispense or cause to be dispensed a different biological or brand of biological product in lieu of that ordered or prescribed without the express permission in each case of the person ordering or prescribing the drug, except as provided in this section.
(b) A licensed pharmacist in this state shall be permitted to select for the brand name biological product prescribed by a licensed physician or other practitioner who is located in this state and authorized by law to write prescriptions, hereinafter referred to as “practitioner,” a less expensive interchangeable biological product in all cases where the practitioner expressly authorizes the selection in accordance with subsection (d).
(c) A licensed pharmacist located in this state may select for the brand name biological product prescribed by a practitioner who is located in another state or licensing jurisdiction and who is authorized by the laws of that state or jurisdiction to write prescriptions, a less expensive interchangeable biological product, in all cases where the out-of-state licensed physician or other practitioner does not expressly prohibit a substitution.
(d)(1) Every written prescription for a biological product issued in this state by a licensed practitioner shall contain two signature lines. One line shall indicate if the brand is meant to be dispensed, and the other shall indicate if a product selection is permitted. The practitioner shall communicate instructions to the pharmacist by signing on the appropriate line.
(2) An oral or electronic prescription, including an e-fax, from the practitioner for a biological product shall instruct the pharmacist whether or not a less expensive interchangeable biological product may be dispensed. The pharmacist shall note instructions on the file copy of the prescription and retain the prescription form for the period specified by law.
(e) The State Board of Pharmacy may not adopt any rule affecting the subject matter of this section.
(f) When a pharmacist dispenses an interchangeable biological product for the prescribed biological product, the pharmacist, or his or her designee, shall inform the patient or patient’s designee prior to dispensing the interchangeable biological product.
(g)(1) Within 24 hours, not counting the hours of Sunday or recognized federal holidays, a pharmacist, or the designee of the pharmacist, who dispenses a different biological product than that ordered or prescribed shall inform the prescribing physician that a different biological product was substituted for the biological product prescribed and provide the name and manufacturer of the biological product dispensed. The notice to the prescribing physician or other practitioner shall be by any of the following:
a. Electronic message sent to the electronic prescribing system used by the prescribing physician or other practitioner to transmit the prescription to the pharmacy.
b. Telephone.
c. Facsimile.
(2) In any instance where the prescribing practitioner indicates for a pharmacist to communicate using a specific notification method listed in subdivision (1), the pharmacist shall utilize that method of communication. A voicemail left for the prescribing physician or other practitioner at the telephone number provided to the pharmacist or his or her designee shall constitute notice under this section.
(h) A pharmacist, or his or her designee, shall record on the prescription form the name and manufacturer or distributor of any drug product, or the name and manufacturer of any biological product, dispensed as authorized in this section.
(i) Notice to the prescribing physician is not required if a refill prescription is not changed from the product dispensed on the immediately prior filling of the prescription.
(j) Unless otherwise indicated by the practitioner, the prescription label on the dispensing container shall indicate the actual biological product dispensed, either the brand name, or if none, the name of the biosimilar biologic product as referred to by the federal Food and Drug Administration’s Lists of Licensed Biological Products With Reference Product Exclusivity and Biosimilarity of Interchangeability Evaluations (Purple Book), and the name of the manufacturer or a reasonable abbreviation of the name of the manufacturer.
(k) The board may maintain a link on its website to the current list of all biological products that the federal Food and Drug Administration has licensed and meets the standards for “interchangeability” pursuant to 42 U.S.C. §262(k).
(l) Notwithstanding any other provision of this section, a pharmacist may not substitute an interchangeable biologic medication for a biologic medication prescribed to a Medicaid recipient if the Medicaid Agency has determined the prescribed biologic is lower in net cost to the Medicaid Agency after rebates.
(m) This section is intended and shall be construed to apply only to biological drug products.
(Act 2019-406, §2.)
No person shall compound or sell or offer for sale or cause to be compounded, sold, or offered for sale any medicine, drug, poison, chemical, or pharmaceutical preparation that is adulterated. Any one of the above-named substances shall be deemed to be adulterated if it is sold by a name recognized in the United States Pharmacopoeia or National Formulary and it differs from the standard of strength, quality, or purity as determined by the test laid down therein. A product may be of a lesser strength only if the product is clearly labeled with the actual strength. The board may use product analysis data from any laboratory that satisfies all of the following qualifications:
(1) Is registered by the Food and Drug Administration.
(2) If the product is a legend controlled drug, is licensed by the Bureau of Narcotics and Dangerous Drugs.
(3) Is ISO 17025 certified.
(Acts 1966, Ex. Sess., No. 205, p. 231, §17; Act 2017-422, §1.)
Each pharmacist licensed by the board shall notify the board in writing within 10 days on change of employment. The notice shall contain his or her name, license number, the name of the pharmacy where formerly employed and the name of the pharmacy where currently employed.
(Acts 1966, Ex. Sess., No. 205, p. 231, §12.)
(a) Nothing contained in this chapter shall prevent any licensed practitioner of the healing arts from personally compounding, dispensing, administering, or supplying to his or her patient drugs and medicines for their use. This chapter shall not apply to the manufacture or sale at wholesale or retail of patent or proprietary medicines as purchased from a manufacturer or wholesaler, or to the manufacture or sale at wholesale or retail of packaged, bottled, or nonbulk chemicals, medicines, medical and dental supplies, cosmetics, and dietary foods when identified by and sold under a trademark, trade name, or other trade symbol, privately owned or registered in the United States Patent Office, sold or offered to be sold to the general public, if the article meets the requirements of the Federal Food, Drug, and Cosmetic Act other than prescription legend drugs.
(b) A registered nurse in the employment of the State Health Department or a county health department may, in the provision of health care services, dispense legend drugs as provided in this section under the standing orders or direct supervision of a physician licensed to practice medicine in this state and pursuant to procedures established by the Board of Pharmacy and implemented by a pharmacist licensed to practice pharmacy in this state. The nurse may dispense the legend drugs for the treatment of tuberculosis, sexually transmitted diseases, family planning, hypertension, and other programs if approved by the State Board of Pharmacy. The dispensing of the drugs shall meet all labeling, packaging, recordkeeping, and counseling requirements of a prescription. The Board of Pharmacy shall have the responsibility to inspect the site where the dispensing occurs. The authority granted to a registered nurse pursuant to this subsection shall not apply to controlled substances as defined in Chapter 2 of Title 20.
(Acts 1966, Ex. Sess., No. 205, p. 231, §32; Acts 1997, No. 97-643, p. 1176, §1.)
(a) The board may bring an action in the circuit court for an injunction against any person in this state who:
(1) Practices pharmacy without a license or permits prescriptions to be compounded or dispensed by a person who is not licensed to practice pharmacy, in violation of Section 34-23-50;
(2) Operates a pharmacy or other entity without a permit, in violation of Section 34-23-30, 34-23-31, or 34-23-32; or
(3) Performs pharmacy technician functions without a valid pharmacy technician registration.
(b) A court may enjoin any person from violating this chapter regardless of whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(Acts 1966, Ex. Sess., No. 205, p. 231, §23; Act 2025-372, §3.)
A person who does any of the following, unless a penalty is otherwise specifically provided in this chapter, is guilty of a Class B misdemeanor:
(1) Practices pharmacy in this state without having first obtained a license from the board.
(2) Permits prescriptions to be compounded or dispensed by unauthorized persons.
(3) Willfully violates any provision of this chapter or rule adopted by the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §10; Act 2025-372, §3.)
(a) Every pharmacy, hospital pharmacy, drugstore, pharmacy department, prescription department, prescription laboratory, apothecary, and any other entity with a title implying the sale, offering for sale, compounding, or dispensing of drugs, and any entity providing pharmacy services for patients residing in this state, shall register biennially and receive a permit from the board in accordance with this chapter. Any person desiring to operate a pharmacy or to establish an entity to provide pharmacy services shall apply to the board for a permit at least 30 days prior to the opening of the business. No pharmacy or entity performing pharmacy services shall be authorized to transact business until the pharmacy or entity has been registered, inspected, and issued a permit by the board.
(b)(1) The application for a permit shall be made on a form prescribed and furnished by the board which when properly executed shall indicate the ownership desiring the permit and the names and license numbers of all licensed pharmacists employed as well as the location of the pharmacy or entity where pharmacy services are performed and other information as the board may require. If more than one pharmacy or entity where pharmacy services are performed is operated by the same owner, a separate application for registration shall be made and a separate permit issued for each entity.
(2) Every application for a permit for a new pharmacy or entity where pharmacy services are performed shall be accompanied by a fee to beset by the board, by rule.
(3) The secretary of the board shall issue a permit for each pharmacy or entity where pharmacy services are performed whose application is found to be satisfactory by the board. Permits issued under this section shall not be transferable. Any change in the control of ownership or licensed pharmacists shall be reported to the board in writing within 10 days of the occurrence. If the pharmacy or entity where pharmacy services are performed is owned by a corporation, the permit shall be issued in the name of the corporation. Owners of pharmacies or the owners of entities where pharmacy services are performed who are not licensed pharmacists shall immediately notify the board upon the termination of employment of licensed pharmacists and shall cause the surrender of permits as indicated. The further operation of the pharmacy or entity where pharmacy services are performed in the absence of licensed pharmacists is prohibited; provided, that the nonregistered owner shall have a period of 30 days within which to comply with this subsection. The next of kin of any deceased licensed pharmacist owner shall have a period of 30 days within which to comply with this chapter, during which time no prescriptions may be filled unless a licensed pharmacist is on duty.
(4) All permits issued under this section shall expire on December 31 of even-numbered years unless the permit holder renews the permit by paying the applicable renewal fee. The renewal fee is due on December 31, and if not received by that date, the permit shall be considered delinquent and the board may impose a late fee of twenty-five dollars ($25) for each month the renewal fee is late, provided a delinquency fee may not exceed one thousand dollars ($1,000). The board may also suspend a permit that is not renewed within a prescribed period of time, as determined by rule of the board.
(c) The board, by rule, shall set the following fees on the holders of permits issued under this section:
(1) For a permit for a resident pharmacy or resident entity that performs pharmacy services, a fee of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2) For a resident pharmacy permit renewal, a fee of not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
(3) For a transfer of ownership, a fee of not less than one hundred fifty dollars ($150) nor more than four hundred dollars ($400).
(4) For a permit for a nonresident pharmacy or nonresident entity that performs pharmacy services, a fee of not less than seven hundred fifty dollars ($750) nor more than two thousand dollars ($2,000).
(5) For a renewal permit for a nonresident pharmacy or nonresident entity that performs pharmacy services, a fee of not less than four hundred dollars ($400) nor more than seven hundred fifty dollars ($750).
(d) No mail order pharmacy shall transact business in this state without a permit from the board.
(e) The board, by rule, shall establish qualifications for any person providing pharmacy services in the state.
(f) Nothing contained in this section related to pharmacy services permits shall be interpreted to delegate to the board the authority to adopt rules governing pharmacy benefits managers.
(Acts 1966, Ex. Sess., No. 205, p. 231, §14; Acts 1985, No. 85-702, p. 1151, §1; Act 2004-450, p. 801, §1; Act 2012-213, p. 381, §1; Act 2017-422, p. 1392, §1; Act 2023-60, §1; Act 2025-372, §3.)
Every mail-order house which dispenses drugs or medicines through the United States mail or otherwise from any point in the State of Alabama to any point outside of the State of Alabama, and every such business which dispenses drugs or medicines through the United States mail or otherwise from any point outside of the State of Alabama to any point within the State of Alabama shall obtain a permit from the State Board of Pharmacy as a condition precedent to being qualified and authorized to transact such business in the State of Alabama.
(Acts 1966, Ex. Sess., No. 205, p. 231, §29.)
(a) Commencing on August 1, 2017, every manufacturer, bottler, packager, repackager, third party logistic provider, wholesale drug distributor, private label distributor, outsourcing facility, or pharmacy business identified in the supply chain of drugs, medicines, chemicals, or poisons for medicinal purposes shall register annually with the board by application for a permit on a form furnished by the board and accompanied by a fee to be determined by the board as follows:
(1) The fee shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for a new establishment.
(2) The fee shall not be less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) for a renewal permit.
(3) The fee shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for a permit due to transfer of ownership.
(b) A holder of a permit shall employ a full-time licensed pharmacist whose principal duty shall be confined to on-premise pharmaceutical operations. Wholesale drug distributors who strictly limit their operation to distribution of drugs, medicines, chemicals, or poisons for medicinal purposes are exempt from the requirement to employ a full-time licensed pharmacist.
(c) The professional practice of any physician licensed to practice medicine is exempt from the requirements of this section.
(d) All permits issued under this section shall become due on October 31 and shall become null and void if not paid by December 31. Each application for the renewal of the permit shall be made annually on or before December 31. A penalty of one hundred dollars ($100) for each overdue month shall be assessed in addition to the permit fee for renewal of delinquent permits.
(e)(1) Commencing on January 1, 2024, each holder of a permit issued under this section, with the exception of an outsourcing facility, shall designate a current representative of the permit holder and shall register the designated representative with the board. The designated representative shall possess the qualifications, requirements, and background as set out by the board.
(2) The holder of the permit shall pay an initial registration fee to register the designated representative of not less than one hundred dollars ($100), as set by rule of the board. The registration of a designated representative shall expire on December 31. The renewal of the registration shall be due on October 31 of each year and shall be delinquent after December 31. The annual fee for the renewal of a designated representative shall not be less than one hundred dollars ($100), as set by rule of the board. If the renewal is not timely received by the board, the applicant for renewal of the registration shall pay a penalty of not more than fifty dollars ($50) for each month the renewal is late, as set by rule of the board.
(f) All holders of a permit, before shipping any drug bearing the legend, “caution, federal law prohibits dispensing without prescription” or similar wording causing these drugs to be known as legend drugs to new customers, shall assure themselves that the recipient is either a duly licensed doctor of medicine, dentistry, or veterinary medicine or holds a registered pharmacy permit from the board by contacting the office of the board.
(g) No manufacturer, manufacturer affiliate, bottler, packager, repackager, third party logistic provider, wholesale drug distributor, private label distributor, outsourcing facility, or pharmacy business identified in the supply chain of any legend drug or device shall ship, or cause to be shipped, into the state any legend drug or device without a valid permit issued by the board. The civil penalty for a violation of this subsection shall be four thousand dollars ($4,000) for each violation.
(h) The holder of a permit to ship any legend drug or device into the state shall provide to the board a list of all trading partners, upon request of the board.
(i) No holder of a permit shall ship any legend drug to any person or firm after receiving written notice from the board that the person or firm no longer holds a registered pharmacy permit. Any person violating this section shall be guilty of a misdemeanor.
(j) For each application for a permit found to be satisfactory by the board, the secretary of the board shall issue to the applicant a permit for the appropriate function, which permit shall be displayed in a conspicuous place.
(Acts 1966, Ex. Sess., No. 205, p. 231, §24; Acts 1985, No. 85-702, p. 1151, §1; Acts 1991, No. 91-475, p. 860, §1; Act 2004-450, p. 801, §1; Act 2017-422, §1; Act 2018-107, §1; Act 2023-119, §1.)
Any requirements established by the FDA Guidelines, as required by the Federal Prescription Drug Marketing Act of 1987 (PDMA), as amended, specifically addressed in Sections 34-23-1 and 34-23-32, shall be adhered to by the affected parties.
(Acts 1991, No. 91-475, p. 860, §2; Act 2017-422, §1.)
(a) Any requirements established by the FDA Guidelines in the Drug Quality and Security Act shall be adhered to by the affected parties.
(b)(1) The board may issue an annual permit to any manufacturer, manufacturer affiliate, bottler, packager, repackager, third-party logistic provider, wholesale drug distributor, private label distributor, or pharmacy business identified in the supply chain of any drugs, legend drugs, medicines, chemicals, or poisons for medicinal purposes.
(2) The board, by rule, shall establish fees for the various categories of permits issued under this section of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). In addition, the board, by rule, may establish renewal fees and late fees for failure to renew a permit in a timely manner. Proceeds received by the board from fees collected pursuant to this section shall be used by the board to fund the costs of permitting, inspecting, and investigating any business permitted pursuant to this section.
(Act 2017-422, p. 1392, §2.; Act 2025-372, §3)
(a) The board may revoke or suspend a license, permit, certificate, or registration, place on probation, require remediation, or impose monetary penalties in accordance with subsection (b) against any person who holds a license, permit, certificate, or registration issued by the board whenever the board finds by a preponderance of the evidence, or pursuant to a consent decree, that the person has engaged in any of the following:
(1) Obtaining a license, permit, certificate, or registration from the board by fraudulent means.
(2) Violating any law regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing the label “caution, federal law prohibits dispensing without prescription,” or similar wording which causes the drugs to be classified as prescription legend drugs.
(3) Conviction of a felony. A copy of the record of the conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.
(4) Conviction of any crime or offense that reflects the inability of the practitioner to practice pharmacy with due regard for the health and safety of the patients.
(5) Demonstrated inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, intoxication, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition. When the issue is whether or not a pharmacist is physically or mentally capable of practicing pharmacy with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the pharmacist is not capable of practicing pharmacy with reasonable skill and safety to patients, the board may require the pharmacist in question to submit to a psychological examination by a psychologist to determine psychological status or a physical examination by a physician, or both, to determine physical condition. The psychologist or physician, or both, shall be designated by the board. The expense of the examination shall be borne by the board. Where the pharmacist raises the issue of mental or physical competence or appeals a decision regarding his or her mental or physical competence, the pharmacist shall be permitted to obtain his or her own evaluation at the pharmacist’s expense. If the objectivity or adequacy of the examination is suspect, the board may complete the examination by the designated practitioners at its own expense. When mental or physical capacity to practice is at issue, every pharmacist licensed to practice pharmacy in the state shall be deemed to have given consent to submit to a mental or physical examination or to any combination of the examinations and to waive all objections to the admissibility of the examination, or to previously adjudicated evidence of mental incompetence.
(6) Gross malpractice or repeated malpractice or gross negligence in the practice of pharmacy.
(7) Violation of any provisions contained in this chapter or a rule of the board.
(8) Employing, assisting, or enabling in any manner any unlicensed person to practice pharmacy.
(9) The suspension, revocation, or probation by another state of a license to practice pharmacy. A certified copy of the record of suspension, revocation, or probation of the state imposing the suspension, revocation, or probation shall be conclusive evidence of the suspension, revocation, or probation. This subdivision does not authorize the board to take any disciplinary action, including imposition of a monetary penalty, against any person that has not been issued a license, permit, certificate, or registration by the board and has not violated any provision of this chapter or rule of the board.
(10) Refusal to appear before the board after having been ordered to do so in writing by the secretary or chair of the board.
(11) Making any fraudulent or untrue statement to the board.
(12) Violation of the code of professional conduct adopted by the board in the rules and regulations of the board.
(b)(1) The board may impose monetary penalties in the form of civil penalties for disciplinary violations and administrative fines for non-disciplinary violations of this chapter and rules of the board, as determined by the board.
(2) The board, by rule, shall adopt monetary penalty schedules that shall include both civil penalties and administrative fines and shall be dollar amount ranges based on the underlying violation. The board shall adopt separate penalty schedules for specific types or categories of persons subject to this chapter, including, but not limited to, separate penalty schedules for chain pharmacies, independent pharmacies, manufacturers, and distributors. No later than the effective date of the certified rule or rules, the board shall publish the penalty schedules on the board’s website. Beginning January 1, 2026, the board may not impose any monetary penalty unless the monetary penalty is covered and addressed by a monetary penalty schedule that has been certified and published on the board’s website.
(3) When determining the amount of a monetary penalty for a specific violation, the board shall consider the level and scope of misconduct, the level of risk to public health and safety, and the compliance history of the violator.
Acts 1966, Ex. Sess., No. 205, p. 231, §20; Acts 1989, No. 89-235, p. 303, §3; Acts 1990, No. 90-550, p. 856, §1; Acts 1995, No. 95-585, p. 1243, §1; Act 2009-576, p. 1688, §1; Act 2017-422, p. 1392, §1; Act 2025-372, §3.)
No disciplinary action described in Section 34-23-33 relating to the license, registration, certificate, or permit of any person regulated by the board may be taken unless a statement of charges and notice of hearing has been served on the person at least 30 days before the date fixed for the hearing. The board, at its sole discretion, may serve the statement of charges by personal service or by registered or certified mail or delivery by any recognized delivery or courier service to the address of the person in the records of the board. The burden of proof shall be on the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §21; Act 2022-145, §1; Act 2025-372, §3.)
(a) It shall be unlawful for any person, firm, or corporation to practice pharmacy in this state or to permit prescriptions to be compounded or dispensed by a person other than a person duly licensed by the board to practice pharmacy in this state.
(b)(1) Notwithstanding subsection (a), the board may issue a pharmacy intern/extern permit as further provided in this subsection that authorizes a pharmacy intern or extern to compound and dispense prescriptions while serving under the immediate direct supervision of a licensed pharmacist on the premises of a permitted pharmacy.
(2) The following persons may apply to the board for a pharmacy intern/extern permit:
a. A person who holds a professional degree in pharmacy from a school of pharmacy recognized by the board who desires to serve as a pharmacy intern.
b. A person who is enrolled in a school of pharmacy recognized by the board who desires to serve as a pharmacy extern while pursuing his or her education as a pharmacist. In order to be considered enrolled in a school of pharmacy and pursuing education as a pharmacist, the person shall not be absent from the school of pharmacy for more than two consecutive semesters or three consecutive quarters, dependent upon the system in use in the school of pharmacy.
(3) A person requesting a pharmacy intern/extern permit shall submit an application to the board in a form as determined by the board. The person shall be required to be of good moral character and a citizen of the United States or, if not a citizen, must be legally present in the United States with appropriate documentation from the federal government. Further, the person shall not have engaged in any conduct that would be a violation of this chapter or board rule.
(4) The application shall be accompanied with an initial fee of not more than one hundred dollars ($100).
(5) The board shall require a background check on each applicant as part of the initial application process. The cost of the background check shall be paid by the applicant.
(6) A pharmacy intern/extern permit shall expire on December 31 of odd-numbered years. In order to continue to work as an intern or extern, a renewal fee of not more than one hundred dollars ($100), as determined by the board, shall be received by the board by December 31 of the year of expiration. If the renewal is not timely received by the board, the applicant for renewal shall pay a penalty of not more than fifty dollars ($50), as determined by the board, for each month the renewal is late.
(7) For the purposes of this subsection, “immediate direct supervision” means that at least one pharmacist is personally present and available on the premises of the pharmacy for consultation with the intern or extern at all times.
(c) Notwithstanding Section 20-2-51 or any other law to the contrary, each person licensed by the board to practice pharmacy may distribute or dispense controlled substances during the biennial period for which the person is licensed.
(Acts 1966, Ex. Sess., No. 205, p. 231, §9; Acts 1985, No. 85-702, p. 1151, §1; Act 2005-57, p. 84, §3; Act 2009-576, p. 1688, §1; Act 2022-130, §1.)
(a) Every person who desires to practice pharmacy within this state shall file with the secretary of the board his or her application for licensure as required by the board not less than 10 days prior to his or her examination. The application shall be accompanied by an examination and registration fee for residents and nonresidents of this state, the fees to be set by the board.
(b) The applicant shall furnish satisfactory proof that he or she is at least 19 years of age, of good moral character, and that he or she holds a professional degree from a division, school, college, or a university department of pharmacy recognized by the board. Each applicant shall also 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.
(c) The applicant shall have completed an approved practical training program under the supervision of a licensed pharmacist in a site recognized by the board as qualified for training pharmacy externs and interns, the training standards to be established by the board as long as the standards are not less than those set by the National Association of Boards of Pharmacy. The completion of the practical training requirements shall be attested by affidavit from the licensed pharmacist preceptor under whom the training is served.
(d)(1) The applicant shall pass an examination administered by the National Association of Boards of Pharmacy or other entity approved by the board in subjects consistent with those required by the National Association of Boards of Pharmacy and in accordance with the rules of the board. In case of failure of a first examination, the applicant shall have within three years the privilege of a second and third examination. In case of failure in the third examination, the applicant shall be eligible for only one additional examination and this only after he or she has satisfactorily completed additional preparation as directed and approved by the board.
(2) An applicant may be admitted to the examination provided all of the requirements in subsections (a), (b), and (c) are met, and in addition, that affidavits attesting to the prescribed practical training program have been presented to the secretary prior to the examination.
(3) An application for examination by the board may be denied if the applicant is proven to have been involved in any violation of this chapter. An applicant who has been expelled from an examination for cribbing, cheating, or other dishonest conduct shall not be permitted to complete the examination applied for and shall not be permitted to file a new application for examination during the balance of the same calendar year or the calendar year next following the expulsion.
(e) The board may issue a license without examination to an applicant who furnishes satisfactory proof that he or she has been licensed to practice pharmacy by examination in another state that under like conditions grants reciprocal licensure without examination to pharmacists duly licensed by examination in this state, that he or she is a person of good moral character and temperate habits, and provided that the requirements in the state from which the applicant is reciprocating were no less than the requirements of the National Association of Boards of Pharmacy. The application shall be accompanied by a fee set by the board. Each applicant for licensure by reciprocity shall be personally interviewed by two or more members of the board before being granted a license, and the applicant shall pass an examination on the laws governing the practice of pharmacy in this state. The applicant shall be approved for reciprocity by the board prior to the time that he or she begins the duties of a licensed pharmacist in this state. No applicant shall be granted reciprocal licensure unless all evidence and supporting documents of licensure in the state from which the applicant is reciprocating are approved as meeting the requirements for reciprocity of the National Association of Boards of Pharmacy. The board shall set and collect a fee for submitting and certifying grades for reciprocity in other states.
(Acts 1966, Ex. Sess., No. 205, p. 231, §11; Acts 1975, 3rd Ex. Sess., No. 147, p. 393; Acts 1989, No. 89-235, p. 303, §3; Act 98-643, p. 1414, §1; Act 2009-36, p. 126, §3; Act 2021-185, §1.)
(a)(1) All certificates of licensure shall expire on December 31 of even-numbered years unless a licensed pharmacist pays a renewal fee in a specified amount set by the board, by rule. The fee shall not be less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150). The renewal fee shall be due on December 31 and shall entitle the registrants to renewal of their certificates at the discretion of the board. If any pharmacist fails to pay the renewal fee by December 31, the board in accordance with board rule, may impose a late fee which may not exceed ten dollars ($10) for each lapsed month. Notwithstanding the foregoing, the lapsed time of registration may not exceed five years, in which case reinstatement may occur only upon satisfactory examination by the board.
(2) Notwithstanding subdivision (1), holders of life certificates to practice pharmacy previously issued shall not be required to pay a renewal fee.
(b) In addition to any fee requirements, each pharmacist shall be required to complete continuing education for each renewal period, as determined by the board by rule.
(Acts 1966, Ex. Sess., No. 205, p. 231, §13; Acts 1985, No. 85-702, p. 1151, §1; Act 2004-450, p. 801, §1; Act 2021-185, §1; Act 2025-372, §3.)
Candidates for licensure as pharmacists shall complete a practical training program as prescribed by the board in keeping with standards established by the national accreditation agencies. The candidate shall apply to the board for proper reporting forms and shall ascertain that the preceptor under whom he or she proposes to take his or her practical training is a qualified preceptor. The candidate shall receive credit for experience gained only in an approved site under the supervision of an approved preceptor. The candidate must keep records as prescribed by the board of all professional experience gained, and upon request, must report to the board and furnish information relative to the practical experience gained. The board may accept internship affidavits from other states, provided the internship requirements are no less than requirements of the National Association of Boards of Pharmacy.
(Acts 1966, Ex. Sess., No. 205, p. 231, §27; Acts 1975, 3rd Ex. Sess., No. 147, p. 393; Act 98-643, p. 1414, §1.)
(a) Every pharmacy when opened for business shall be under the personal supervision of a duly licensed pharmacist who shall have personal supervision of not more than one pharmacy at the same time. During temporary absences of the licensed pharmacist, not to exceed three hours daily or more than one and one-half hours at any one time, nor more than one week for temporary illness, the prescription department shall be closed, and no prescriptions are to be filled. During the temporary absence of a pharmacist, a sign shall be placed on the prescription counter in a prominent location easily seen by the public stating, “Prescription Department Closed, No Pharmacist on Duty.”
(b) The permit issued to each pharmacist by the board and the licensure certificates issued to the licensed pharmacist employed by each pharmacy must be prominently and conspicuously displayed in the pharmacy. The name of the licensed pharmacist on duty must be conspicuously displayed in the prescription department in a place readily observable by the public.
(c)(1) No licensed pharmacist or pharmacy operating within this state shall accept for refund purposes or otherwise any unused portion of any dispensed prescription.
(2) The prohibition in subdivision (1) shall not apply to any unused or expired dispensed medication returned solely for the purpose of destruction in compliance with applicable law or rules of the board.
(d) The sale of poisons is restricted to the immediate supervision of a licensed pharmacist, and such poison shall not be displayed in a pharmacy in such a manner that a customer may obtain possession of such poisons when standing in an area allocated for customer use. No sale of a poison shall be made or delivered to any minor under 12 years of age or to any person known to be of unsound mind or under the influence of alcohol.
(e) No pharmacy shall authorize any person, firm, or business establishment to serve as a pick-up station or intermediary for the purpose of having prescriptions filled or delivered, whether for profit or gratuitously. Except with respect to controlled substances, any facility recognized as a federally-qualified health center, as defined in 42 U.S.C. § 1396d(l)(2)(B), operating health care practices and providing pharmacy services in the state is expressly exempt from this subsection. Each eligible federally qualified health center is authorized to fill certain prescriptions at one location and deliver medications to clinics for patient pick-up subject to the review of the board.
(f) No prescription blank supplied by a pharmacy or pharmacist to a practitioner shall bear the imprint thereon of the name or address of any pharmacy or bear the name or address of any person registered under this chapter.
(g)(1) No person shall fill or compound a prescription or drug order in an institution unless he or she is a duly licensed pharmacist or otherwise permitted to do so under this chapter. The act of filling or compounding prescriptions or drug orders in an institution shall be as defined in the rules adopted by the board.
(2) However, such rules shall not apply to the reading, interpreting, and writing or verifying the writing of adequate directions as are necessary to assure patient’s understanding of the prescriber’s intentions by a duly qualified nurse practicing his or her profession in a licensed hospital or similar institution.
(3) Nothing in this chapter shall authorize the board to promulgate or to enforce any rule which governs, regulates, or restricts the professional practice of a physician licensed to practice medicine in this state. No provision of this chapter, or any rule promulgated under the authority of this chapter, shall be interpreted to amend, alter, or modify Section 34-23-11.
(h) Only a licensed pharmacist or registered intern may accept an oral prescription of any nature. Upon so accepting such oral prescription, it must immediately be reduced to writing, and only a licensed pharmacist or an intern supervised by a licensed pharmacist may prepare a copy of a prescription or read a prescription to any person for purposes of providing reference concerning treatment of the person or animal for whom the prescription was written; and, when the copy is given, a notation shall be made upon the prescription that a copy has been given, the date given, and to whom given.
(i) If a prescription is refilled, a record of the date upon which the prescription is refilled must appear on the prescription or in a permanent prescription record book. On prescriptions which may be refilled, written or oral authorization must be received before refilling unless the number of refills is indicated on the original prescription. Those prescriptions marked “refill prn” or equivalent designation shall be refilled only in quantities commensurate with the dosage scheduled.
(j) Each prescription must be written in a manner so that it can be compounded by any registered pharmacist. The coding of any prescription is in violation of this chapter. No prescription shall be written in any characters, figures, or ciphers, other than in the English or Latin language, generally in use among medical and pharmaceutical practitioners.
(k) A prescription file or files shall be kept by every pharmacy for a period of not less than two years in which the original of every prescription compounded or dispensed shall be filed in the order of compounding with number and date of dispensing placed on each prescription. Each pharmacy shall produce any prescription file whenever legally required to do so. Such prescription file shall at all times be open for inspection by the prescriber, the board, or its investigators.
(l) All drugs or drug preparations bearing upon the package the words, “caution, federal law prohibits dispensing without prescription” or words to the same effect, otherwise known as legend drugs, shall be stored within the confines of the prescription department or the prescription department storage room of each pharmacy. Such drugs shall be sold or dispensed only on the prescription of a licensed practitioner authorized to prescribe such drugs and shall not be sold or dispensed as a refilled prescription except upon the express authorization of the prescriber. This shall not be construed to prohibit return to authorized suppliers or sale or transfer to others licensed to possess legend drugs.
(m) Any person who violates this section shall be guilty of a misdemeanor.
(Acts 1966, Ex. Sess., No. 205, p. 231, §15; Acts 1989, No. 89-747, p. 1513, §1; Act 2009-772, p. 2385, §1; Act 2012-553, p. 1631, §1; Act 2013-198, p. 387, §1; Act 2017-422, §1; Act 2018-463, §1.)
Any new pharmacy or any existing pharmacy which is to be remodeled or which is to be moved to a new location other than a hospital pharmacy must comply with the following requirements for the prescription room area: That portion or part of the entire licensed pharmacy which is to be occupied by the prescription compounding or dispensing department, including that portion or part thereof utilized for the sale of restricted drugs, shall be not less than 240 square feet. The surface of the prescription compounding counter shall be not less than 24 inches in width and not less than 16 square feet of unobstructed working space for one pharmacist and not less than 24 square feet of total working space where two or more pharmacists are to be on duty at any one time. The aisle space or floor area to be occupied by a dispensing pharmacist shall extend the full length of the prescription compounding counter, and it shall be clear and unobstructed for a minimum distance of 36 inches from the working side of the prescription compounding counter.
(Acts 1966, Ex. Sess., No. 205, p. 231, §16.)
Every site approved by the State Board of Pharmacy for intern training shall be managed so that the intern is provided with ample opportunity to meet the training requirements established by the board. The site must have in its employ, or have an arrangement with, a pharmacist who is registered as a preceptor. A site which meets these qualifications may be approved for internship training by the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §25; Act 98-643, p. 1414, §1.)
Every pharmacist serving as a preceptor shall have expressed a willingness to serve as a preceptor. Pharmacist preceptors shall be approved by the board and shall be willing to cooperate with the board in developing the necessary training requirements and shall provide appropriate documentation to the board. Each preceptor shall certify as to the commencement and completion of the training period and may make recommendations to the board concerning the competency of his or her trainee. The preceptor shall report to the board from time to time as requested on the progress of any intern or extern under his or her supervision. It shall be his or her responsibility in a supervisory capacity to see that each intern or extern receives proper training under the objectives of the board for this practical training program.
(Acts 1966, Ex. Sess., No. 205, p. 231, §26; Act 98-643, p. 1414, §1.)
(a) Except as otherwise provided in subsection (b), every pharmacy located in a hospital, skilled nursing home, or other related institution in this state shall be under the supervision of a licensed pharmacist. In general hospitals, skilled nursing homes, and extended care facilities not operating a pharmacy, the drug or medicine room shall be under the direct supervision and direction of a consulting pharmacist or a member of the medical staff who shall be a licensed practitioner of medicine. In nursing homes which are not classified by the State Board of Health as skilled nursing homes, maternity homes, homes for the aged, domiciliary institutions, and all related institutions except those operated by and in conjunction with a licensed hospital, medicines or drugs bearing the wording on the label “caution, federal law prohibits dispensing without prescription” or similar wording that causes the medicines or drugs to be known as prescription legend drugs shall be furnished by a licensed pharmacy on the prescription of a licensed practitioner of medicine for individual patients, and there shall be no prescription legend drugs on the premises of these institutions other than those so prescribed except an emergency kit as authorized by the State Board of Health. In hospitals and skilled nursing homes using vending machines or mechanical devices for the storage and dispensing of drugs, the machines or devices shall be stocked only under the supervision of a licensed pharmacist, and the drugs may be dispensed from the machine or device only by an individual acting in accordance with established institutional hospital pharmacy policy. The State Board of Pharmacy may at any time adopt such additional rules and regulations consistent with this chapter as may be deemed necessary after advising with the Alabama Society of Hospital Pharmacists in regard to the storage and handling of drugs and medicines and the disposition of unused portion of drugs and medicines in hospitals and other related institutions under this section.
(b) Notwithstanding the provisions of subsection (a), the use and operation of automated dispensing systems in skilled nursing facilities by a pharmacy holding a permit issued for that purpose is authorized pursuant to rules adopted by the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §28; Acts 1995, No. 95-398, p. 819, §1; Act 2013-106, p. 222, §1.)
(a) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a 72-hour supply or the smallest dispensable package size of the prescribed medication, providing that all of the following apply:
(1) The prescription is not a medicinal agent listed in Schedule I or II pursuant to Title 20, Chapter 2, or the controlled substances list for Schedule I or II maintained by the State Board of Health.
(2) The medication is essential to the maintenance of life or the continuation of therapy in a chronic condition. Only those drugs designated by a joint rule adopted by the Board of Pharmacy and Board of Medical Examiners shall be refilled, according to the procedure established in this section.
(3) The dispensing pharmacist creates a written order containing all of the prescription information required by this chapter and Title 20, Chapter 2.
(4) The dispensing pharmacist provides notification to the prescriber of the emergency dispensing within 24 hours after the dispensing.
(b) The Board of Pharmacy and the Board of Medical Examiners, through joint rule, may adopt additional rules to implement this section.
(Acts 1991, No. 91-554, p. 1023, §1; Act 2023-231, §1.)
(a) The Board of Pharmacy may establish by rule protocols allowing a pharmacy in possession of a current retail pharmacy permit to repackage, relabel, and store any non-controlled legend drug for a patient residing in a residential care facility which does not have a pharmacy located on the premises.
(b) For purposes of this section, a residential care facility means any of the following:
(1) A convalescent home.
(2) A nursing home.
(3) An extended care facility.
(4) A mental health or psychiatric facility.
(5) A rehabilitation facility.
(6) A developmental disability center.
(7) An assisted living facility.
(8) A speciality care assisted living facility.
(Act 2011-520, p. 836, §1.)
(a) A pharmacist licensed by the Alabama State Board of Pharmacy and a physician licensed by the Medical Licensure Commission may enter into a collaborative practice agreement.
(b) A copy of the collaborative practice agreement and any amendment thereto shall be submitted to each respective board within 10 days after the agreement is signed by both parties.
(c) A collaborative practice agreement and any amendment thereto shall not become effective until approved by the Alabama State Board of Pharmacy and the State Board of Medical Examiners.
(d) The Alabama State Board of Pharmacy and the State Board of Medical Examiners shall each adopt rules to implement this section. The initial rules shall be adopted not later than October 1, 2019.
(e) A collaborative practice agreement between a licensed pharmacist and a licensed physician may not be approved unless both the Alabama State Board of Pharmacy and State Board of Medical Examiners have rules in effect implementing this section.
(f) Fees for physicians participating in a collaborative practice with a licensed pharmacist shall be collected and retained by the State Board of Medical Examiners. Fees for pharmacists participating in a collaborative practice with a licensed physician shall be collected and retained by the Alabama State Board of Pharmacy. The fee for a physician participating in a collaborative practice shall be set by the State Board of Medical Examiners in an amount not to exceed three hundred dollars ($300). The fee for a pharmacist participating in a collaborative practice shall be set by the Alabama State Board of Pharmacy in an amount not to exceed three hundred dollars ($300).
(g) Nothing in this section shall preclude a pharmacist licensed by the Alabama State Board of Pharmacy employed by a licensed health care facility from executing approved medical protocols within the facility.
(Act 2019-368, §1; Act 2021-177, §1(b)(2).)
AMENDED BY ACT 2026-158, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The Alabama State Board of Pharmacy is created and vested with the authority to carry out the purposes of and enforce this chapter.
(b)(1) Beginning January 1, 2026, the board shall consist of nine members who are residents of this state. Subject to subdivision (3), membership of the board shall be as follows:
a. One hospital pharmacist licensed by the board who is appointed by the Governor from a list of three names submitted by the Alabama Society of Health System Pharmacists.
b. One chain pharmacist licensed by the board who is appointed by the Governor from a list of three names submitted from the Alabama Pharmacy Association.
c. One independent pharmacist licensed by the board who is appointed by the Lieutenant Governor from a list of three names submitted from the Alabama Pharmacy Association.
d. One specialty pharmacist, such as a nuclear, home infusion, compounding only, or consultant pharmacist, licensed by the board who is appointed by the Speaker of the House of Representatives from a list of three names submitted from the Alabama Pharmacy Association.
e. One institutional pharmacist, such as a non-hospital, nursing home, assisted living, or prison pharmacist, licensed by the board who is appointed by the President Pro Tempore of the Senate from a list of three names submitted from the Alabama Society of Health System Pharmacists.
f. One academic pharmacist licensed by the board who is appointed by the Lieutenant Governor from a list of four names, with two names each submitted from the two state pharmacy schools.
g. One at-large pharmacist licensed by the board appointed by the Speaker of the House of Representatives from a list of three names submitted by the Alabama Pharmacy Association.
h. One registered pharmacy technician licensed by the board appointed by the President Pro Tempore of the Senate from a list of three names submitted from the Alabama Pharmacy Association.
i. One at-large consumer who is appointed by the Governor.
(2) The pharmacist members of the board shall be licensed pharmacists who have been licensed in this state for a minimum of five years and who are actively engaged in the practice of pharmacy or pharmacy administration, or both. The pharmacy technician member of the board shall be a nationally certified technician who has been registered in this state for a minimum of five years and who is actively engaged in the practice as a pharmacy technician.
(3) Any member serving on the board on January 1, 2026, shall continue to serve until his or her term expires, at which time the Governor shall appoint a member who meets the requirements in subdivision (1). A member serving on the board on January 1, 2026, who meets the requirements of subdivision (1) may be reappointed to an additional term, provided the reappointment complies with subsection (d).
(4) The appointing authorities shall coordinate their appointments to assure that board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(5) For the four additional members of the board whose term begins January 1, 2026, the Governor shall set staggered terms of two years, three years, and four years, at his or her discretion, with all initial terms ending on December 31 of the respective terms. Following initial terms, each member of the board shall serve a term of five years beginning on January 1 following appointment and terminating on December 31 of his or her fifth year as a member of the board.
(c) Any vacancies occurring on the board shall be filled by appointment by the respective appointing authority for the unexpired term.
(d) No member shall serve more than two full terms consecutively.
(e)(1) The Governor may remove a member of the board upon proven charges of inefficiency, incompetency, immorality, or professional misconduct. The replacement member shall be appointed by the respective appointing authority for the unexpired term.
(2) Appointees to the board, within 30 days after their appointment, shall take an oath or make affirmation before a properly qualified officer that he or she will faithfully and impartially perform the duties of his or her office. This oath or affirmation shall be filed with the Secretary of State.
(3) At its last regular meeting in each calendar year, the board shall elect for a term of one year, effective the following January 1, a president, a vice president, and a treasurer who shall be pharmacist members of the board. No member shall serve more than two years in the same office on the board during a five-year term.
(4)a. Not later than November 1, 2025, the board shall appoint a secretary as executive officer to the board, to serve at the pleasure of the board. The individual appointed by the board may not have served in any capacity for the board, including as secretary, during the five years prior to his or her appointment. The secretary may not serve as a member of the board and may not be employed during his or her service by any person holding a license, permit, certificate, or registration issued by the board.
b. The board shall fix the secretary’s salary.
(Acts 1966, Ex. Sess., No. 205, p. 231, §3; Acts 1981, No. 81-810, p. 1448, §1; Acts 1989, No. 89-235, p. 303, §3; Acts 1993, No. 93-671, p. 1209, §3; Act 2001-247, p. 293, §3; Act 2005-57, p. 84, §3; Act 2009-36, p. 126, §3; Act 2022-145, §1; Act 2025-372, §3.)
(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.
(Acts 1966, Ex. Sess., No. 205, p. 231, §4; Acts 1971, No. 1952, p. 3171, §1; Acts 1989, No. 89-235, p. 303, §3; Acts 1993, No. 93-671, p. 1209, §3; Act 2025-372, §3.)
The board shall do all of the following:
(1) Adopt rules concerning the records and reports to be kept and made by a pharmacy relating to the filling of prescriptions and the handling and preservation of drugs.
(2) Fix standards and requirements for licenses and permits except as otherwise specified in this chapter.
(3) Set penalties as further provided in Section 34-23-33(b).
(4) Set fees, by rule, for licenses, permits, certificates, and registrations as well as renewal fees, late fees, delinquency fees, and reinstatement fees as required under this chapter, which shall be in a specific amount that shall apply uniformly to all holders of the applicable license, permit, certificate, or registration to which the fee pertains. This subdivision does not authorize the board to impose monetary penalties in addition to a late fee, delinquency fee, or reinstatement fee imposed by the board for failure to timely renew a license, permit, certificate, or registration.
(5) Adopt rules regarding sanitation consistent with state health regulations.
(6) Employ chemists, agents, clerical help, attorneys, and other personnel as necessary for the proper administration of the duties of the board.
(7) Employ under the supervision of the board a chief drug investigator and other state drug investigators that the board deems necessary to enforce this chapter.
(8) Adopt rules for the administration and enforcement of this chapter. The board shall adopt all rules in accordance with the Alabama Administrative Procedure Act. A copy of every rule containing a requirement of general application shall be electronically mailed to each registered pharmacist at least 10 days before the effective date of the certified rule. A printed copy of the rules shall be mailed to any registered pharmacist upon written request to the board.
(9) Investigate alleged violations of this chapter, any rule of the board, or any other law pertaining to the practice of pharmacy which may come to the knowledge of the board and:
a. Institute or cause to be instituted appropriate proceedings in a court of competent jurisdiction; or
b. Conduct hearings to revoke, suspend, or place on probate any license, permit, certificate, or registration granted by the board under this chapter, or impose monetary penalties as further provided in Section 34-23-33, provided any person subjected to a monetary penalty or other disciplinary action may take an appeal in accordance with Section 34-23-94.
(10) Issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materials, or other evidence in matters pending before the board relating to the revocation, suspension, or probation of any license. Those persons issued subpoenas and compelled to attend hearings or meetings in matters pending before the board shall be entitled to witness fees from board funds. Claims for witness fees shall be made on accepted State of Alabama voucher forms as appropriate. Travel and mileage expenses shall be reimbursed to witnesses in the amounts officially authorized to the board and its personnel at the time the service to the board is performed.
(11) Administer oaths in connection with the duties of the board.
(12) Not later than November 1, submit a written report annually of its receipts and disbursements during the previous fiscal year to the Governor and to the Alabama Pharmacy Association. Included in this report shall be the names of all registrants licensed to practice under this chapter and a record of all permits issued during the period covered by the report.
(13) Enforce the state barbiturate act, the state amphetamine act, the state narcotic law, and all other laws of the state which pertain to the practice of pharmacy, the examination of applicants, the licensing of pharmacists, the manufacture, packaging, repackaging, production, sale, or distribution of drugs, chemicals, and poisons, and all laws pertaining to standards for their strength and purity. The board may work in conjunction with other law enforcement agencies to enforce any law pertaining to the practice of pharmacy. Nothing in this subdivision shall be construed to deprive the Alabama Department of Public Health of any powers or duties otherwise prescribed by law including the enforcement of the narcotic law.
(14) Cooperate and assist with prosecuting officers in any proceeding involving an alleged criminal offense and furnish prosecuting officers with any evidence the board or its officers or employees determine will assist in the prosecution of a criminal offense.
(15) On application of any person and payment of the actual cost of providing a certified copy, furnish, under its seal and signed by the secretary, a certified copy of the license or permit of the requester. In any court or proceeding, the copy shall be prima facie evidence of the fact of the issuance of the permit or license.
(16) Acquire by gift, grant, purchase, condemnation, or otherwise, and to convey or hold title to, real property, together with all rights incidental thereto.
(Acts 1966, Ex. Sess., No. 205, p. 231, §5; Acts 1989, No. 89-235, p. 303, §3; Act 2009-576, p. 1688, §1; Act 2017-422, p. 1392, §1; Act 2025-372, §3.)
(a) The Legislature finds and declares all of the following:
(1) The power to make rules regulating the practice of pharmacy includes the power to prohibit unlicensed persons from practicing pharmacy and the power to regulate how licensed persons practice pharmacy.
(2) A primary goal of the provision of health care is to prioritize patient safety and wellness.
(3) The board is in the best position to determine the practice of pharmacy that prioritizes patient safety and wellness.
(4) It is the intent of the Legislature in enacting this section to immunize the Board of Pharmacy and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the Board of Pharmacy.
(b) Subject to subsection (c), rules adopted by the board may define and regulate the practice of pharmacy in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the Board of Pharmacy.
(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of pharmacy.
(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Board of Pharmacy beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S. Ct. 1101(2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Board of Pharmacy in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S. Ct. 1101(2015).
(Act 2016-410, §1-3.)
(a)(1) The Attorney General of the state shall be the attorney for the board, but the board may employ other counsel.
(2)a. Not later than November 1, 2025, the board shall divide the office of general counsel into two distinct divisions. One division shall be responsible for all disciplinary functions, and the other division shall be responsible for administrative nondisciplinary functions, including providing advice to and answering questions from holders of licenses, permits, certificates, or registrations or prospective holders of licenses, permits, certificates or registrations regarding statutory and regulatory compliance.
b. The board, by rule, shall establish internal procedures that ensure that any inquiries made by the holder of a license, permit, certificate, or registration or other person seeking advice or guidance regarding compliance with a statute or rule is addressed by the administrative division and is not disclosed to the disciplinary division unless an attorney reasonably believes a criminal violation may have occurred.
(b) The board may request assistance from the Attorney General or other legal counsel employed by the board, as appropriate. The Attorney General or other legal counsel shall assist the board, upon request, in any action for injunction brought by the board.
(Acts 1966, Ex. Sess., No. 205, p. 231, §6; Act 2025-372, §3.)
From any order of the board, any party affected thereby may appeal the ruling to the circuit court of the county where the party aggrieved resides or where the board maintains its headquarters. The notice of appeal shall be filed within 30 days from the receipt of the order or ruling. Appeals shall otherwise be governed by the judicial review provisions of the Alabama Administrative Procedure Act.
(Acts 1966, Ex. Sess., No. 205, p. 231, §22; Acts 1985, 2nd Ex. Sess., No. 85-1002, p. 380, §1; Act 2019-357, §1.)
This article shall be known and may be cited as the “Third Party Prescription Program Act.”
(Acts 1981, No. 81-337, p. 477, §1.)
As used in this article, the term “Third Party Prescription Program” shall mean any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of such services and another party who is not the consumer of those services. Such programs may include, but not be limited to, employee benefit plans whereby a consumer receives prescription drugs or other pharmaceutical services and those services are paid for by an agent of the employer or others.
(Acts 1981, No. 81-337, p. 477, §2.)
Any agreement or contract entered into in this state between the program administrator of a third party program and a pharmacy shall include a statement of the method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in the program, the frequency of payment by the program administrator to the pharmacy for such services rendered, and a method for the adjudication of complaints or the settlement of disputes between the parties.
(Acts 1981, No. 81-337, p. 477, §3.)
(a) The administrator of a program shall notify all pharmacies enrolled in the program of any cancellation of coverage of benefits of any group enrolled in the program at least 30 days prior to the effective date of such cancellation.
(b) All persons enrolled in a program shall be notified of its cancellation, and the administrator of the program shall make every reasonable effort to gain possession of any plan identification cards such persons may have been issued pursuant to the provisions of the program.
(c) Any person who utilizes a program identification card to obtain services from a pharmacy after having received notice of the cancellation of his benefits shall be liable to the program administrator for all money paid by the program administrator for any services received pursuant to the illegal use of the identification card.
(Acts 1981, No. 81-337, p. 477, §4.)
(a) No program administrator shall deny payment for services to any pharmacy which may have resulted from the fraudulent or illegal use of any identification card by any person unless the pharmacy has been notified that the card has been canceled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.
(b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for reasons such as incomplete or illegible information and may then be resubmitted by the pharmacy to the program administrator after appropriate corrections have been made.
(Acts 1981, No. 81-337, p. 477, §5.)
No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in reimbursement rates for services rendered to persons covered by the plan which are less than the usual and customary rates paid by consumers not covered by a third party plan for the same or similar services.
(Acts 1981, No. 81-337, p. 477, §6.)
This article shall not apply to any services rendered pursuant to provisions of the Alabama Medicaid Program, to the Public Education Employees’ Health Insurance Plan, or to any corporation organized under the provisions of Title 10, Chapter 4, Article 6, for establishment and operation of health care service plans.
(Acts 1981, No. 81-337, p. 477, §7; Acts 1983, No. 83-637, p. 986, §§1, 2; Act 2012-478, p. 1325, §1.)
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.
(Acts 1981, No. 81-337, p. 477, §8.)
After June 27, 1981, no third party prescription program shall be instituted, nor shall existing agreement or contract be renewed unless they are in compliance with the provisions of this article.
(Acts 1981, No. 81-337, p. 477, §11.)
As used in this article, the following terms shall have the following meanings:
(1) PHARMACY FUNCTIONS. Those functions performed in a pharmacy department which do not require the professional judgment of a licensed pharmacist.
(2) PHARMACY TECHNICIAN. An individual, other than an intern, extern, or an assistant pharmacist, who performs pharmacy functions under the direct supervision of a licensed pharmacist.
(3) SUPERVISION. The direct on-site overseeing of the performance of assigned or delegated duties or functions.
(Acts 1996, No. 96-496, p. 625, §1.)
(a) A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is under the direct supervision of a licensed pharmacist. A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is registered by the board.
(b) When supervision is required, a licensed pharmacist shall be jointly responsible and liable for the actions of a pharmacy technician.
(c)(1) A pharmacy technician shall register and pay a registration fee in a specified amount set by the board, by rule, before performing any pharmacy functions. The fee shall be not less than twenty dollars ($20) nor more than sixty dollars ($60). The board shall adopt rules relating to the registration of all pharmacy technicians. The registration of a pharmacy technician shall be renewable biennially in odd-numbered years upon payment of the required renewal fee.
(2) The registration of each pharmacy technician shall expire on December 31 of odd-numbered years unless a registered pharmacy technician pays a biennial renewal fee in a specified amount set by the board by rule. The fee shall be not less than twenty dollars ($20) nor more than sixty dollars ($60). The renewal fee shall be due on December 31 of odd-numbered years. If any pharmacy technician fails to pay the renewal fee by December 31, the board may impose a late fee, as determined by rule of the board, for each lapsed month.
(d) In addition to any other registration requirements, a pharmacy technician shall complete three hours of continuing education annually, or six hours biennially, of which one hour per year shall be live presentation. The board may grant an extension to a pharmacy technician who fails to complete the required continuing education hours in the allotted time. A pharmacy technician who fails to complete the annual continuing education requirements in a timely manner shall be subject to disciplinary action by the board.
(Acts 1996, No. 96-496, p. 625, §2; Act 2004-450, p. 801, §1; Act 2017-422, p. 1392, §1; Act 2019-128, §1; Act 2025-372, §3.)
The board shall revoke or suspend the registration of a pharmacy technician or place on probation a pharmacy technician for any of, but not limited to, the following reasons:
(1) Willful violation of any provision of this article or the Alabama Uniform Controlled Substances Act.
(2) Willful violation of any rule or regulation promulgated in accordance with this article or the Alabama Uniform Controlled Substances Act.
(3) Action which threatens the public health, safety, or welfare.
(4) Conviction of a felony or misdemeanor involving moral turpitude.
(5) Conviction of a felony or misdemeanor involving a drug related offense of a legend drug or controlled substance.
(6) Obtaining the pharmacy technician registration by fraudulent means.
(7) Violation of the laws regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing the label “caution, federal law prohibits dispensing without prescription,” or similar wording which causes the drugs to be classified as prescription legend drugs.
(Acts 1996, No. 96-496, p. 625, §3.)
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.
(Act 2003-389, p. 1094, §1.)
(a) Any pharmacist who engages in drug compounding shall be proficient in compounding and shall continually expand his or her compounding knowledge by participating in seminars or studying appropriate literature, or both.
(b) Pharmacy technicians may assist pharmacists in the preparation of compounds. When a written procedure for a compound is not on file at the pharmacy, a pharmacist must direct the preparation of the compound. At all times, a pharmacist shall verify the weight or volume of all active ingredients of a compound. While compounding, the number of pharmacy technicians shall comply with the ratios for supervision as provided by rule of the board.
(c) A pharmacist shall have responsibility to do all of the following:
(1) Verify all prescriptions.
(2) Approve or reject all components of the compounded product, drug product containers, closures, and labeling.
(3) Prepare and review all compounding records to assure that no errors have occurred in the compounding process.
(4) Assure the proper maintenance, cleanliness, and use of all equipment used in a prescription compounding practice.
(5) Assure that only personnel authorized by the supervising pharmacist shall be in the immediate vicinity of the drug compounding operation.
(Act 2003-389, p. 1094, §2; Act 2024-37, §1.)
Any pharmacy engaged in compounding shall have a specifically designated and adequate area or space for the orderly compounding of prescriptions. The area used for the compounding of drugs shall be maintained in a good state of repair. The compounding area shall have cleanable surfaces to include walls, ceilings, and floors. Adequate lighting and ventilation shall be provided in all compounding areas. Potable water shall be supplied under continuous positive pressure in a plumbing system free of defects that could contribute contamination to any compounded drug product. Areas used for compounding shall be maintained in a clean and sanitary condition.
(Act 2003-389, p. 1094, §3; Act 2006-543, p. 1260, §1; Act 2006-573, p. 1506, §1.)
Equipment used in the compounding of drug products shall be of appropriate design and capacity, as well as suitably located to facilitate operations for its intended use, cleaning, and maintenance. Compounding equipment shall be of suitable composition so the surfaces that contact components shall not be reactive, additive, or absorptive so as to alter the purity of the product compounded. Equipment and utensils used for compounding shall be cleaned and sanitized prior to use to prevent contamination. Equipment and utensils shall be stored in a manner to protect from contamination. Automated, mechanical, electronic, limited commercial scale manufacturing, or testing equipment and other types of equipment may be used in the compounding of drug products. If such equipment is used, it shall be routinely inspected, calibrated, if necessary, or checked to ensure proper performance. Immediately prior to the initiation of compounding operations, the equipment and utensils shall be inspected by the pharmacist and determined to be suitable for use. When potent or hazardous drugs, such as antibiotics, cytotoxins, and steroid hormones, are involved, appropriate measures shall be utilized in order to prevent cross-contamination and proper disposal procedures shall be followed. Measures shall include either the dedication of equipment for such operations or the meticulous cleaning of equipment prior to its use for the preparation of other drugs.
(Act 2003-389, p. 1094, §4.)
Pharmacists compounding prescriptions shall use their professional judgment in first receiving, storing, or using drug components that meet official compendia requirements or other high quality sources. Bulk drugs and other chemicals or materials used in the compounding of drugs shall be stored in adequately labeled containers in a clean, dry area or, if required, under proper refrigeration.
(Act 2003-389, p. 1094, §5.)
Drug product containers and closures shall be handled and stored in a manner to prevent contamination and to permit inspection and cleaning of the work area. Containers and closures shall be of suitable material in order not to alter the compounded drug as to quality, strength, or purity.
(Act 2003-389, p. 1094, §6.)
The board shall establish written procedures for the compounding of drug products to assure that the finished products have the identity, strength, quality, and purity they purport to have or are represented to possess. The procedures shall include, but not be limited to, a listing of the components, their amounts in weight or volume, the lot number of the components, if available, the order of component mixing, a description of the compounding process, and a designated name for the finished product. The procedures shall be followed in the execution of the compounding procedure. Components shall be accurately weighed, measured, or subdivided, as appropriate. The operations shall be checked and rechecked by the compounding pharmacist at each stage of the process to ensure that each weight and measure is correct as stated in the written compounding procedures. Pharmacists shall determine that all finished products have an acceptable degree of weight variation among capsules, and shall assure a reasonable uniformity and integrity of all compounded products.
(Act 2003-389, p. 1094, §7.)
(a) If a component is transferred from the original container to another container, including, but not limited to, a powder being taken from the original container and stored in another container, the new container shall be identified with the following information:
(1) Component name and supplier.
(2) Lot number and expiration date, if available.
(3) Strength and concentration.
(b) Products prepared in anticipation of a prescription prior to receiving a valid prescription shall be prepared in reasonable amounts. Products shall be labeled or documentation referenced with all of the following information:
(1) A complete list of ingredients or designated name of the preparation.
(2) Preparation date.
(3) Beyond use date.
(4) Storage under conditions dictated by composition and stability, including storage in a clean, dry place or in the refrigerator.
(5) Batch or lot number.
(c) Upon the completion of the drug preparation operation, the pharmacist shall examine the product for correct labeling. The prescription label shall contain all of the information required of other prescriptions.
(Act 2003-389, p. 1094, §8.)
Any procedures or other records required to comply with good compounding practices shall be retained for the same period of time as required for retention of prescription records. All records required to be retained under good compounding practices, or copies of such records, shall be readily available for authorized inspection. Computer information and the hard copy of the prescription shall indicate that the prescription is to be compounded. Adequate records are required to be kept of any controlled dangerous substances or scheduled drugs which are used in compounding.
(Act 2003-389, p. 1094, §9.)
A pharmacy may prepare a compounded drug product to be sold over the counter without a prescription order. The product shall not contain an ingredient which exceeds recommended strengths and doses for over the counter drugs. The finished product shall not be one for which a prescription is required. It shall be properly labeled with the product’s name, directions for use, list of active ingredients, and any necessary warnings. A compounded product shall be sold directly to the patient after professional interaction or consultation between the pharmacist and the patient. The product may be prepared in advance in reasonable amounts in anticipation of estimated needs. The product shall be stored within the prescription department. The product may not be sold in bulk to other pharmacies or vendors for resale.
(Act 2003-389, p. 1094, §10; Act 2017-422, §1)
(a) A pharmacy may prepare a compounded drug product for a prescriber’s office use. An order by a prescriber indicating the formula and quantity ordered shall be filed in the pharmacy. The product shall be administered in the prescriber’s office and shall not be dispensed to the patient. A record of the compounded drug product may be kept as a prescription record in the computer of the pharmacy. A label may be generated and a number assigned by the computer of the pharmacy for the compounded product. A record of the product’s written procedure shall be on file in the pharmacy as provided in Section 34-23-158. A record of the product’s sale to the prescriber shall remain on file at the pharmacy for not less than one year. The record shall contain the following information:
(1) The name and address of the prescriber.
(2) The date of sale.
(3) A description and amount of the product sold.
(b) The label on the compounded product shall include the following information:
(1) The designated name and the strength of the finished product.
(2) The quantity dispensed.
(3) The date on which the product was compounded.
(4) The beyond use date.
(5) A lot or batch number.
(6) Any other information the pharmacist deems necessary.
(7) The name and address of the pharmacy.
(c) The label shall include the phrase For Office Use.
(Act 2003-389, p. 1094, §11; Act 2017-422, §1.)
Drugs for animals may be compounded based upon an order or prescription. Prescriptions for animals shall be handled and filled in the same manner as are prescriptions for humans.
(Act 2003-389, p. 1094, §12.)
The board shall promulgate such rules and regulations as are necessary for the implementation, administration, and enforcement of this article.
(Act 2003-389, p. 1094, §13.)
This article shall be known and may be cited as “The Pharmacy Audit Integrity Act.”
(Act 2012-306, p. 668, §1.)
The following words shall have the following meanings as used in this article:
(1) HEALTH BENEFIT PLAN. Any individual or group plan, employee welfare benefit plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care service plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for insureds or beneficiaries in this state. The term includes, but is not limited to, entities created pursuant to Article 6 of Chapter 20 of Title 10A. A health benefit plan located or domiciled outside of the State of Alabama is deemed to be subject to this article if it receives, processes, adjudicates, pays, or denies claims for health care services submitted by or on behalf of patients, insureds, or beneficiaries who reside in Alabama.
(2) PHARMACY. A place licensed by the Alabama State Board of Pharmacy in which prescriptions, drugs, medicines, medical devices, chemicals, and poisons are sold, offered for sale, compounded, or dispensed and shall include all places whose title may imply the sale, offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons.
(3) PHARMACY BENEFIT MANAGEMENT PLAN. An arrangement for the delivery of pharmacist services in which a pharmacy benefit manager undertakes to administer the payment or reimbursement of any of the costs of pharmacist services for an enrollee on a prepaid or insured basis that contains one or more incentive arrangements intended to influence the cost or level of pharmacist services between the plan sponsor and one or more pharmacies with respect to the delivery of pharmacist services and requires or creates benefit payment differential incentives for enrollees to use under contract with the pharmacy benefit manager.
(4) PHARMACY BENEFIT MANAGER. A business that administers the prescription drug or device portion of pharmacy benefit management plans or health insurance plans on behalf of plan sponsors, insurance companies, unions, and health maintenance organizations. The term includes a person or entity acting for a pharmacy benefit manager in a contractual or employment relationship in the performance of pharmacy benefit management for a managed care company, nonprofit hospital or medical service organization, insurance company, or third-party payor.
(5) PHARMACIST SERVICES. Offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons pursuant to a prescription. Pharmacist services also includes the sale or provision of, counseling of, or fitting of medical devices, including prosthetics and durable medical equipment.
(Act 2012-306, p. 668, §2; Act 2018-457, §1.)
The purpose of this article is to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities.
(Act 2012-306, p. 668, §3.)
This article shall apply to any audit of the records of a pharmacy conducted by a managed care company, nonprofit hospital or medical service organization, health benefit plan, third-party payor, pharmacy benefit manager, a health program administered by a department of the state, except the Alabama Medicaid Agency, or any entity that represents those companies, groups, or department.
(Act 2012-306, p. 668, §4; Act 2018-457, §1.)
(a) The entity conducting an audit shall follow these procedures:
(1) The pharmacy contract shall identify and describe in detail the audit procedures.
(2) The entity conducting the on-site audit shall give the pharmacy written notice at least two weeks before conducting the initial on-site audit for each audit cycle. If the pharmacy benefit manager does not include their auditing guidelines within their provider manual, then the notice must include a documented checklist of all items being audited and the manual, including the name, date, and edition or volume, applicable to the audit and auditing guidelines. For on-site audits a pharmacy benefit manager shall also provide a list of material that is copied or removed during the course of an audit to the pharmacy. The pharmacy benefit manager may document this material on either a checklist or on an audit acknowledgement form. The pharmacy shall produce any items during the course of the audit or within 30 days of the on-site audit.
(3) The entity conducting the on-site audit may not interfere with the delivery of pharmacist services to a patient and shall utilize every effort to minimize inconvenience and disruption to pharmacy operations during the audit process.
(4) An audit that involves clinical or professional judgment shall be conducted by or in consultation with a licensed pharmacist.
(5) The audit shall not consider as fraud any clerical or recordkeeping error, such as a typographical error, scrivener’s error, or computer error regarding a required document or record; however, such errors may be subject to recoupment, provided that a pharmacy shall not be subject to a charge-back or recoupment for a clerical or recordkeeping error in a required document or record, including a typographical or computer error, unless the error resulted in overpayment to the pharmacy. The pharmacy shall have the right to submit amended claims through an online submission to correct clerical or recordkeeping errors in lieu of recoupment of a claim where no actual financial harm to the patient or plan has occurred, provided that the prescription was dispensed according to prescription documentation requirements set forth by the Alabama Pharmacy Act and within the plan limits. The pharmacy shall not be subject to recoupment of funds by the pharmacy benefit manager unless the pharmacy benefit manager can provide proof of intent to commit fraud or such error results in actual financial harm to the pharmacy benefit manager, a health insurance plan managed by the pharmacy benefit manager, or a consumer. A person shall not be subject to criminal penalties for errors provided for in this subsection without proof of intent to commit fraud, waste, or abuse.
a. Any amount to be charged back or recouped due to overpayment shall not exceed the amount the pharmacy was overpaid.
b. The auditing entity shall not include the dispensing fee in the calculation of an overpayment unless a prescription is considered a misfill. As used in this paragraph, misfill means a prescription that was not dispensed, a prescription in which the prescriber denied the authorization request, a prescription in which an additional dispensing fee was charged, or a prescription error.
(6) An entity conducting an audit shall not require any documentation that is not required by state and federal law. The information shall be considered to be valid if documented on the prescription, computerized treatment notes, pharmacy system, or other acceptable medical records.
(7) Unless superseded by state or federal law, auditors shall only have access to previous audit reports on a particular pharmacy conducted by the auditing entity for the same pharmacy benefit manager, health plan, or insurer. An auditing vendor contracting with multiple pharmacy benefit managers or health insurance plans shall not use audit reports or other information gained from an audit on a particular pharmacy to conduct another audit for a different pharmacy benefit manager or health insurance plan.
(8) Audit results shall be disclosed to the health benefit plan in a manner pursuant to contract terms.
(9) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for the purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug.
(10) If the pharmacy benefit manager or its representative conducts an audit, the sample size shall not be greater than 150 prescriptions, provided that a refill does not constitute a separate prescription for the purposes of this subdivision.
(11) Reasonable costs associated with the audit shall be the responsibility of the auditing entity if the claims sample exceeds 100 unique prescription hard copies.
(12) A finding of an overpayment or an underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs, except that recoupment shall be based on the actual overpayment or underpayment of actual claims.
(13) A finding of an overpayment may not include the cost of the drugs that were dispensed in accordance with the prescriber’s orders, provided the prescription was dispensed according to prescription documentation requirements set forth by the Alabama Pharmacy Act and within the plan limits. A finding of an overpayment may not include the dispensing fee amount unless any of the following apply:
a. A prescription was not actually dispensed.
b. The prescriber denied authorization.
c. The prescription dispensed was a medication error by the pharmacy.
d. The identified overpayment is solely based on an extra dispensing fee.
(14) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity and must be audited under rules applicable to the contractor and time period of the prescription.
(15) Where not superseded by state or federal law, the period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, nonprofit hospital or medical service organization, health benefit plan, third-party payor, pharmacy benefit manager, a health program administered by a department of the state, or any entity that represents those companies, groups, or department. An audit may not be conducted six months past the date the pharmacy benefit management plan terminated its contract to adjudicate claims with a pharmacy benefit manager, health plan administrator, or any other entity representing those companies.
(16) An audit may not be initiated or scheduled during the first five calendar days of any month.
(b) The entity shall provide the pharmacy with a written report of the audit and comply with all of the following requirements:
(1) The preliminary audit report shall be delivered to the pharmacy within 90 days after the conclusion of the audit, with a reasonable extension to be granted upon request.
(2) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during the audit, with a reasonable extension to be granted upon request.
(3) A final audit report shall be delivered to the pharmacy within 180 days after receipt of the preliminary audit report or final appeal, as provided for in Section 34-23-185, whichever is later.
(4) The audit documents shall be signed by the auditors assigned to the audit. The acknowledgement or receipt shall be signed by the auditor and the audit report shall contain clear contact information of the representative of the auditing organization.
(5) Recoupments of any disputed funds, or repayment of funds to the entity by the pharmacy if permitted pursuant to contractual agreement, shall occur after final internal disposition of the audit, including the appeals process as provided for in Section 34-23-185. If the identified discrepancy for an individual audit exceeds twenty-five thousand dollars ($25,000), future payments in excess of that amount to the pharmacy may be withheld pending finalization of the audit.
(6) Interest shall not accrue during the audit period.
(7) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor in a manner pursuant to a contract.
(Act 2012-306, p. 668, §5; Act 2018-457, §1.)
(a) Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity.
(b) Following the appeal, if the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or that portion without the necessity of any further action.
(c) Following the appeal, if any of the issues raised in the appeal are not resolved to the satisfaction of either party, that party may ask for mediation of those unresolved issues unless other remedies are granted under the terms of the contract. A certified mediator shall be chosen by agreement of the parties from the mediators list maintained by the Alabama Supreme Court. The cost of mediation shall be borne by agreement of the parties or by the decision of the mediator.
(Act 2012-306, p. 668, §6; Act 2018-457, §1.)
(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.
(Act 2012-306, p. 668, §7; Act 2018-457, §1.)
This article does not apply to any audit, review, or investigation that involves alleged fraud, willful misrepresentation, or waste abuse.
(Act 2012-306, p. 668, §8.)
The “practice of medicine or osteopathy” means:
(1) To diagnose, treat, correct, advise, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by any means or instrumentality;
(2) To maintain an office or place of business for the purpose of doing acts described in subdivision (1), whether for compensation or not;
(3) To use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human disease or conditions, the designation “doctor,” “doctor of medicine,” “doctor of osteopathy,” “physician,” “surgeon,” “physician and surgeon,” “Dr.,” “M.D.,” or any combination thereof unless such a designation additionally contains the description of another branch of the healing arts for which a person has a license.
(Code 1876, §4244; Code 1886, §4078; Code 1896, §5333; Code 1907, §7564; Acts 1915, No. 623, p. 661; Code 1923, §5191; Code 1940, T. 46, §262; Acts 1959, No. 109, p. 620, §3; Acts 1973, No. 1120, p. 1882, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §2.)
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.
(Act 2002-140, p. 359, §2; Act 2023-233, §2; Act 2024-300, §1.)
Any person who practices medicine or osteopathy or offers to do so in this state without a certificate of qualification having been issued in his or her behalf by the State Board of Medical Examiners and without a license and certificate of registration from the Medical Licensure Commission of Alabama shall be guilty of a Class C felony. However, nothing in this section or article shall apply to fellows, residents, interns, or medical students who are employed by or who are taking courses of instruction at the University of Alabama School of Medicine, the University of South Alabama College of Medicine, or such other medical schools or colleges, hospitals, or institutions in Alabama as may be approved by the Board of Medical Examiners; and provided, that the work of the fellows, residents, interns, or medical students is performed within the facilities of such medical schools or colleges, hospitals, or institutions under the supervision of a licensed physician and as an adjunct to his or her course of study or training, and until the fellows, residents, interns, or students meet training requirements for licensure under the laws of the State of Alabama and the regulations of the Board of Medical Examiners of the State of Alabama. Nothing in this section shall be construed as applying to any person practicing chiropractic, dentistry, podiatry, optometry, or any other branch of the healing arts, except medicine and osteopathy, pursuant to a license which has been issued, or which may hereafter be issued, by any state licensing board and who is practicing within the scope of such license.
(Code 1876, §4244; Code 1886, §4078; Code 1896, §5333; Code 1907, §7564; Acts 1915, No. 623, p. 661; Code 1923, §5191; Code 1940, T. 46, §262; Acts 1959, No. 109, p. 620, §3; Acts 1973, No. 1120, p. 1882, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §2; Act 2007-402, p. 807, §1.)
The State Board of Medical Examiners, in addition to the powers and duties expressed in this article with respect to the denial of the certificate of qualification to practice medicine or suspension or revocation of a certificate of qualification to practice medicine, shall have the power to commence and maintain in any circuit court having jurisdiction of any person within this state who is practicing medicine without a certificate of qualification or to whom a certificate of qualification has been denied, or whose certificate of qualification has been suspended or revoked by the action of the board, an action in the nature of quo warranto as provided for in Section 6-6-590 et seq., as the same is now or may hereafter be amended, to order such person from continuing to practice medicine or osteopathy within the State of Alabama, and jurisdiction is conferred upon the circuit courts of this state to hear and determine all such cases. The board may commence and maintain such action without the filing of a bond or security without the order or direction of a circuit judge. Nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall such court, as an incident to the action in the nature of quo warranto herein authorized, have the power to assess the criminal penalties heretofore set out. An injunction shall be issued upon proof that the person or persons is now or has in the past engaged in the unlawful practice of medicine or osteopathy without requiring proof of actual damage sustained by any person. If such injunction is issued, the injunction shall not relieve any person, corporation, or association, nor the officers or directors thereof, from criminal prosecution for the unlawful practice of medicine.
(Code 1876, §4244; Code 1886, §4078; Code 1896, §5333; Code 1907, §7564; Acts 1915, No. 623, p. 661; Code 1923, §5191; Code 1940, T. 46, §262; Acts 1959, No. 109, p. 620, §3; Acts 1973, No. 1120, p. 1882, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §2.)
(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.
(Code 1876, §1530; Code 1886, §1301; Code 1896, §3260; Code 1907, §1626; Acts 1911, No. 209, p. 234, §1; Code 1923, §2836; Code 1940, T. 46, §258; Acts 1965, No. 797, p. 1497; Acts 1985, No. 85-338, P. 277, §3.)
(a) The Legislature finds and declares all of the following:
(1) The power to make rules regulating the practice of medicine or osteopathy includes the power to prohibit unlicensed persons from practicing medicine or osteopathy and the power to regulate how licensed persons practice medicine or osteopathy.
(2) A primary goal of the provision of health care is to prioritize patient safety and wellness.
(3) The State Board of Medical Examiners and the Medical Licensure Commission are in the best position to determine the medical practices that prioritize patient safety and wellness.
(4) Prioritizing patient safety and wellness may sometimes be at odds with the goals of state and federal anti-trust laws, which include prioritizing competition and efficiency.
(5) It is the intent of the Legislature in enacting this section to immunize the Board of Medical Examiners and its members and the Medical Licensure Commission and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive.
(b) Subject to subsection (c), rules adopted under Sections 34-24-53 and 34-24-311 may define and regulate the practice of medicine or osteopathy in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive.
(c) A rule adopted under Section 34-24-53 or 34-24-311 may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of medicine or osteopathy, including, but not limited to, Section 34-21-81(4)c.
(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Board of Medical Examiners or the Medical Licensure Commission beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Board of Medical Examiners or the Medical Licensure Commission in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015).
(Act 2016-316, §§1-3.)
Commencing June 1, 2025, each member and employee of the State Board of Medical Examiners is subject to the state ethics laws, Chapter 25 of Title 36, or any successor act thereof providing an ethics code for public servants.
(Act 2025-71, §3.)
All funds received by the State Board of Medical Examiners shall be deposited to the credit of the board in a federally insured financial institution selected by the board. Such funds may be expended for any lawful purpose authorized by this chapter upon a check or draft bearing the signature of the chairman of the board or his or her designee. Out of the funds of the board the members thereof and the members of the Medical Licensure Commission as established by Section 34-24-310 shall receive per diem at a rate of up to three hundred dollars ($300) per day or any portion thereof, as established by the board, that such board member or commission member shall be in attendance at an official meeting or function of the board or commission. In addition, each board member and commission member shall receive reimbursement for subsistence and travel in accordance with state law for each day actively engaged in the duties of their office.
(Code 1907, §1643; Code 1923, §2869; Code 1940, T. 46, §292; Acts 1985, No. 85-338, p. 277, §3; Act 2001-366, p. 471, §1; Act 2005-297, 1st Sp. Sess., p. 556, §1.)
Nothing in this chapter shall prohibit the administration of domestic remedies in a family by any member thereof, or prohibit any person from rendering service to a sick or injured person in an emergency.
(Code 1907, §1646; Code 1923, §2872; Code 1940, T. 46, §295.)
(a) Every physician or surgeon who holds a license, certificate, or other similar authority issued under the provisions of this article and every professional corporation or professional association of a physician or surgeon shall, during the first 30 days of each calendar year, report to the State Board of Medical Examiners any final judgment rendered against such physician, surgeon, or the professional corporation or professional association of any such physician or surgeon during the preceding year, or any settlement in or out of court during the preceding year, resulting from a claim or action for damages for personal injuries caused by an error, omission, or negligence in the performance of medical professional services, or in the performance of medical professional services without consent.
(b) The report rendered under this section shall include the name of the physician or surgeon against whom the claim was made or asserted, the name of the claimant, a summary of the allegations made, the injuries incurred by the claimant, and the terms of the judgment or settlement. In the event that the judgment or settlement is entered against a professional corporation or a professional association, the report shall also include the name of the physician or physicians employed by or rendering medical services on behalf of the corporation against whom the claim was made or asserted.
(c) The failure to make the report required by this section shall constitute grounds for the imposition of disciplinary sanctions by the Medical Licensure Commission against the license of the physician or surgeon responsible for making such report. Those sanctions may include suspension or revocation or such other sanctions as may be authorized under Section 34-24-361(h) and Section 34-24-381. In the case of a judgment or a settlement entered against a professional corporation or a professional association, each physician owning shares of the voting stock of a professional corporation and each physician member of a professional association shall be individually and jointly responsible for insuring that the report is rendered on behalf of the corporation or association.
(Acts 1971, No. 2321, p. 3744, §1; Acts 1991, No. 91-663, p. 1271, §2.)
(a) The Board of Medical Examiners shall keep a record of all reports made under the provisions of Section 34-24-56, and each year shall review the record of any licensee, certificate holder, or person holding similar authority issued by it, who, during the preceding three-year period, has had two or more final judgments or settlements, or has had a total of three or more final judgments or settlements, or both, of the type required to be reported pursuant to this section.
(b) The review required by subsection (a) shall be for the purpose of determining whether the agency should take disciplinary action against the person.
(c) It shall be a ground for the suspension or revocation of a license, certificate, or other similar authority for the licensee, certificate holder, or person holding similar authority to have the number of final judgments or settlements, or both, referred to in subsection (a); except, that the Board of Examiners shall examine each settlement to determine if there was error, omission, or negligence by the licensee, certificate holder, or person holding similar authority. If the board determines there was no error, omission, or negligence, the settlement shall not be considered for the purpose of this section.
(d) The Board of Medical Examiners shall notify every person licensed, certified, or holding similar authority issued by it of the provisions of this article. The notification shall be by registered or certified mail, return receipt requested.
(e) After receiving the notification required by this section, each person who fails to comply with this section is guilty of a misdemeanor.
(Acts 1971, No. 2321, p. 3744, §2; Act 2005-297, 1st Sp. Sess., p. 556, §1.)
(a) The decisions, opinions, actions and proceedings rendered, entered or acted upon in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist of any committee of physicians or surgeons, acting as a committee of the Medical Association of the State of Alabama, or any state, county, or municipal medical association or society, or as a committee of any licensed hospital or clinic, or the medical staff thereof, undertaken or performed within the scope and function of such committee as legally defined herein shall be privileged, and no member thereof shall be liable for such decision, opinion, action, or proceeding.
(b) Within the words and meaning of this section, a committee shall include one formed or appointed as a utilization review committee, or similar committee, or committee of similar purpose, to evaluate or review the diagnosis or treatment or the performance of medical services which are performed with respect to private patients or under public medical programs of either state or federal design, with respect to any physical or mental disease, injury, or ailment or to define, maintain, or apply the professional or medical standards of the association, society, hospital, clinic, or medical staff from, by, or for which it was appointed.
(Acts 1971, No. 2277, p. 3668, §§1, 2; Acts 1976, No. 693, p. 960, §2.)
(a) The chief administrative officer of each hospital shall report to the Alabama State Board of Medical Examiners any disciplinary action taken concerning any physician when the action is related to professional ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse. Disciplinary action shall include termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction, or resignation of hospital privileges for any of the above reasons. The report shall be in writing and be made within 30 days of the date of the initial action. Failure on the part of a chief administrative officer of a hospital to file a report required under this section shall be a violation of Section 22-21-25(b)(3), and the State Board of Health may, in its discretion, impose upon the hospital found to be in violation, a civil monetary penalty in an amount not to exceed two thousand five hundred dollars ($2,500) for each violation. All monies collected pursuant to this section shall be retained by the Alabama Department of Public Health and may be expended for any legal purpose including, but not limited to, operational expenses of the department.
(b) Any professional society within this state comprised primarily of physicians, which takes formal disciplinary action against a member shall report the action to the Alabama State Board of Medical Examiners, when the action taken is related to professional ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse. This report shall be in writing and made within 30 days of the action.
(c) Any report made pursuant to this section shall be privileged from discovery and the individual making the report shall be immune from liability.
(Acts 1981, No. 81-685, p. 1155, §§ 1-3; Acts 1995, No. 95-199, p. 310, §1; Act 2002-140, p. 359, §1.)
(a)(1) All reports of investigations; documents subpoenaed by the board; reports of any investigative committee appointed by the board; memoranda of the board’s counsel relating to investigations; statements of persons interviewed by the board or any committee of the board; all information, interviews, reports, statements, or memoranda of any kind furnished to the board or any committee of the board; and any findings, conclusions, or recommendations resulting from proceedings of the board or any committee of the board, unless presented as evidence at a public hearing, shall be privileged and confidential, shall be used only in the exercise of the proper functions of the board, and shall not be public records nor be available for court subpoena or for discovery proceedings. Meetings of the board in which any of the aforementioned items are received, reviewed, deliberated, voted on, or acted on by the board shall be closed sessions, and any report or recording of the meeting shall be privileged and confidential.
(2) Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Board of Medical Examiners or the Medical Licensure Commission.
(b) The board may authorize the release of investigative records and files to municipal, county, state, and federal law enforcement or regulatory agencies or officials and to state and United States territorial medical licensing agencies or officials.
(c) Use of the materials and records in contested cases before the Medical Licensure Commission or release of records to law enforcement, regulatory, or medical licensing agencies or officials shall not be deemed a waiver of confidentiality or privilege established by this section.
(Act 2002-140, p. 359, §2; Act 2021-100, §1.)
(a) The State Board of Medical Examiners, when acting in the capacity of a certifying board under the Alabama Uniform Controlled Substances Act, Section 20-2-1, et seq., may, within its discretion and for cause, order, and direct that a physician or osteopath holding a registration certificate successfully complete a course or courses of continuing medical education on subjects related to the prescribing, dispensing, administering, or furnishing of controlled substances. The course or courses of continuing medical education ordered by the board under this section may not exceed 50 credit hours of instruction within the calendar year in which the order is entered. Failure or refusal to comply with an order or directive of the board entered pursuant to this section shall constitute grounds, after notice and hearing, for the suspension of the controlled substance registration certificate of the physician or osteopath in question which shall continue in effect until such time as the physician or osteopath has complied with the order of the board or the board has rescinded or withdrawn the order. The provisions of this section supersede any provisions of Sections 20-2-53 and 20-2-54 that are in conflict. A physician or osteopath adversely affected by a decision of the board to suspend his or her controlled substance registration certificate may obtain judicial review in accordance with the provisions of Section 20-2-53.
(b) Applications for reinstatement of a controlled substance registration certificate or for removal, termination, or modification of restrictions to a controlled substance registration certificate filed with the board less than 24 months following the effective date of the revocation, suspension, restriction, or surrender of a controlled substance registration certificate may, within the discretion of the board, be dismissed by the board without a hearing as prematurely filed. Applications filed more than 24 months following the effective date of the revocation, suspension, restriction, or surrender shall either be granted by the board or set for a hearing before the board which shall be conducted as a contested case under the Alabama Administrative Procedure Act.
(Act 2002-140, p. 359, §2; Act 2005-297, 1st Sp. Sess., p. 556, §1.)
(a) The following constitute the requirements for the issuance of a certificate of qualification for a license to practice medicine in this state:
(1) MEDICAL EDUCATION REQUIREMENT. All applicants for a certificate of qualification shall present a diploma or evidence of graduation from any of the following institutions:
a. A college of medicine or school of medicine accredited by the Liaison Committee on Medical Education.
b. A college of osteopathy accredited by the Commission on Osteopathic College Accreditation.
c. A college of medicine or school of medicine not accredited by the Liaison Committee on Medical Education which is approved by the board. The board, within its discretion, may withhold approval of any college of medicine not designated in either paragraph a. or b. which:
Has had its accreditation withdrawn by a national or regional accreditation organization; or
Has had its authorization, certification, or licensure revoked or withdrawn by a national or regional governmental supervisory agency; or
Has been denied approval or has had its approval withdrawn by any national, state, or territorial licensing jurisdiction based upon an evaluation of the college of medicine or upon a finding of misconduct by the college; or
Has engaged in fraudulent, criminal, or other practices that are inconsistent with quality medical education, as determined by the board.
(2) POSTGRADUATE EDUCATION REQUIREMENT.
a. Applicants for a certificate of qualification who graduated from a college of medicine accredited by the Liaison Committee on Medical Education or a college of osteopathy accredited by the Commission on Osteopathic College Accreditation shall present evidence satisfactory to the board that the applicant has completed one year of postgraduate or residency training in any of the following programs:
A program accredited by the Accreditation Council for Graduate Medical Education.
A program accredited by the American Osteopathic Association.
A program accredited by the Accreditation Committee of the Royal College of Physicians and Surgeons of Canada.
A program accredited by the College of Family Physicians of Canada.
b. All other applicants for a certificate of qualification who graduated from a college of medicine not accredited by the Liaison Committee on Medical Education or a college of osteopathy not accredited by the Commission on Osteopathic College Accreditation shall present evidence satisfactory to the board that the applicant has completed two years of postgraduate or residency training in any of the following programs:
A program accredited by the Accreditation Council for Graduate Medical Education.
A program accredited by the Commission on Osteopathic College Accreditation.
A program accredited by the Accreditation Committee of the Royal College of Physicians and Surgeons of Canada.
A program accredited by the College of Family Physicians of Canada.
(3) EXAMINATION REQUIREMENTS. Applicants for a certificate of qualification shall achieve a passing score on one of the licensure examinations listed below. The minimum passing score, maximum number of attempts, and period of time within which all portions of the examination must be completed may be determined by rule of the board. The following examinations shall satisfy this requirement:
a. The United States Medical Licensing Examination.
b. The Comprehensive Osteopathic Medical Licensing Examination or its predecessor examination administered by the National Board of Osteopathic Medical Examiners.
c. The Licentiate of the Medical Council of Canada Examination.
d. If the examination was completed before January 1, 2000, applicants by endorsement who are licensed in another state, the District of Columbia, a territory of the United States, or a province of Canada are eligible for licensure upon proof of a passing score on one of the following examinations:
The Federation Licensing Examination.
The National Board of Medical Examiners Examination.
e. The board may establish by rule acceptable combinations of the Federation Licensing Examination, National Board of Medical Examiners Examination, and/or United States Medical Licensing Examination through January 1, 2000, in satisfaction of the examination requirement for a certificate of qualification.
(4) APPLICATION FEE REQUIREMENT. All applicants shall pay in advance to the board of the required application fee in an amount established in the rules of the board. This fee is not refundable once payment is received by the board.
(5) CRIMINAL HISTORY BACKGROUND CHECK. In addition to other requirements established by law and for the purpose of determining an applicant’s suitability for a certificate of qualification for a license to practice medicine or for the purpose of determining an applicant’s suitability for the issuance of, or certification of eligibility for, any expedited license, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints, either inked cards or electronically, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques to the board. The board shall submit the fingerprints to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay directly to the board, or its designee, all costs associated with the background check required by this section. The board shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a certificate of qualification for a license to practice medicine in this state, or relied upon in denying the issuance of, or certification of eligibility for, any expedited license may be disclosed as may be necessary to support the denial.
(6) Additional requirements for examination for certain applicants. All applicants who graduated from a college of medicine not accredited by the Liaison Committee of Medical Education or the Commission on Osteopathic College Accreditation shall achieve a certification given by the Education Council for Foreign Medical Graduates.
(b) Administration of examinations by the board.
(1) Applicants for a certificate of qualification who are applying for initial licensure in the State of Alabama, and who meet all qualifications for administration of Step 3 of the United States Medical Licensing Examination are eligible to take the United States Medical Licensing Examination.
(2) The following individuals are eligible to take the Special Purpose Examination:
a. Applicants who are applying for licensure in Alabama who are required to take the examination under another provision of this section.
b. Individuals required to take the examination pursuant to an order or directive of the board or the Medical Licensure Commission.
(3) Any individual eligible to take the Special Purpose Examination pursuant to paragraph (2)a. or (2)b. who has not achieved a passing score within three administrations shall no longer be eligible to take the Special Purpose Examination.
(c) Grounds for denial of a certificate of qualification. The board may deny an application for a certificate of qualification on any of the following grounds:
(1) Failure of the applicant to achieve a passing score on any examination required under this section.
(2) Failure of the applicant to complete the application form as specified by the board or to provide additional information requested by the board in connection with the application, including failure to provide information to or submit to an evaluation recommended by the Alabama Physician Wellness Committee, or its designee.
(3) A finding that the applicant has submitted or caused to be submitted false, misleading, or untruthful information to the board in connection with an application for a certificate of qualification.
(4) Failure to appear before the board or a committee of the board if formally requested to appear in connection with an application for a certificate of qualification.
(5) A finding by the board that the applicant has committed any of the acts or offenses constituting grounds to discipline the licensee to practice medicine in this state pursuant to, but not limited to, Sections 16-47-128, 34-24-360, and 34-24-57.
(6) Failure of the applicant to comply with any of the requirements or rules for the issuance of a certificate of qualification for a license to practice medicine in this state.
(d) Non-disciplinary citation with administrative charge.
(1) When a ground for denial of a certificate of qualification exists, an applicant for a certificate of qualification may request in writing to the board that a non-disciplinary citation with administrative charge be assessed against the applicant in lieu of a decision by the board to deny the application for a certificate of qualification. The board may grant, if it deems appropriate, a request for an assessment of a non-disciplinary citation with administrative charge and issue a certificate of qualification to the applicant.
(2) The administrative charge shall be in amounts established by the board in its rules, not to exceed ten thousand dollars ($10,000). The applicant shall pay the administrative charge assessed in a non-disciplinary citation to the board prior to the issuance of a certificate of qualification.
(3) The administrative charge is not refundable once payment is received by the board. The imposition of a non-disciplinary citation with administrative charge is considered public information and is not considered a disciplinary action against the applicant.
(e) Withdrawal of application for certificate of qualification and certificate of qualification.
(1) An applicant for a certificate of qualification shall have six months from the date the initial signed application form is received by the board to complete the application, except that an applicant for a certificate of qualification who is required to pass an examination as part of the application process shall have 12 months from the date the initial signed application form is received to complete the application. After the expiration of the deadline for completing an application established in the preceding sentence, an incomplete application shall be withdrawn by the board.
(2) A certificate of qualification issued by the board shall be withdrawn by the board after a period of six months from the date of issuance unless the applicant has filed an application for a license to practice medicine with the Medical Licensure Commission of Alabama and paid the required fee.
(3) If either an application for a certificate of qualification or a certificate of qualification is withdrawn by the board, the applicant, to reapply, shall submit a new application form including a new application fee.
(f) Each applicant for a certificate of qualification shall be a citizen of the United States or, if not a citizen of the United States, a person who is lawfully present in the United States with appropriate documentation from the federal government.
(Code 1907, §1627; Code 1923, §2837; Acts 1939, No. 448, p. 600, §1; Code 1940, T. 46, §259; Acts 1959, No. 109, p. 620, §1; Acts 1969, No. 617, p. 1124, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §1; Acts 1975, 4th Ex. Sess., No. 93, p. 2771, §1; Acts 1976, No. 747, p. 1027, §1; Acts 1981, 3rd Ex. Sess., No. 81-1139, p. 415, §§2, 3; Acts 1983, 3rd Ex. Sess., No. 83-812, p. 24, §1; Acts 1983, 3rd Ex. Sess., No. 83-827, p. 47, §1; Acts 1987, No. 87-775, p. 1514, §2; Acts 1993, No. 93-148, p. 202, §3; Act 99-103, p. 123, §1; Act 2002-140, p. 359, §1; Act 2004-374, p. 604, §1; Act 2007-402, p. 807, §1; Act 2008-397, p. 771, §1; Act 2009-34, p. 113, §3; Act 2021-100, §1; Act 2023-233, §2.)
(a)(1) The board, subject to the rules adopted by the board, may issue a temporary certificate of qualification to a physician applicant who is relocated to or stationed in this state under official military orders and who satisfies any of the following:
a. Is an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
b. Is the spouse of an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
c. Is the surviving spouse of a service member who, at the time of his or her death, was serving on active duty.
(2) For the purposes of this section, a transitioning service member is a member of the United States Armed Forces, including the National Guard, on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
(b) The Medical Licensure Commission, subject to the rules adopted by the commission, may issue a temporary license to practice medicine to an applicant who has been issued a temporary certificate of qualification by the board under this section.
(c) A physician may receive a temporary certificate of qualification issued under subsection (a) if he or she satisfies the requirements of subsection (a), to the satisfaction of the board, and presents evidence satisfactory to the board of all of the following:
(1) Possession of a full and unrestricted license to practice medicine issued by the appropriate medical licensing board of another state, the District of Columbia, a territory of the United States, or a province of Canada.
(2) Graduation from a medical school accredited by the Liaison Committee on Medical Education or the Commission on Osteopathic College Accreditation, or a medical school listed on the International Medical Education Directory or its equivalent.
(3) Pursuant to the qualifications set forth in Section 34-24-70(a)(3) and any rule adopted pursuant to that section, passage of each component of the United States Medical Licensing Examination (USMLE), the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA), the Licentiate of the Medical Council of Canada Examination, or any of their predecessor examinations, accepted by the board as an equivalent examination for licensure purposes.
(4) Successful completion of graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.
(5) Has never been convicted, received adjudication, community supervision, or deferred disposition of any felony offense or any crime related to fraud, violence, sexual violations, or related to the practice of medicine.
(6) Has never had his or her medical license subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to the nonpayment of fees related to a license.
(7) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(8) Is not currently under investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
(9) Is a United States citizen, a national of the United States, or an alien lawfully present in the United States.
(d) A physician who is issued a temporary certificate of qualification under this section shall apply for a certificate of qualification pursuant to Section 34-24-70 within 12 months after the issuance of a temporary certificate of qualification.
(1) A temporary certificate of qualification issued under subsection (a) shall expire 12 months after the date of issuance if an application for a certificate of qualification pursuant to Section 34-24-70 is not received by the board.
(2) A physician who applies for a certificate of qualification pursuant to Section 34-24-70 and the rules adopted by the board within 12 months after issuance of a temporary certificate of qualification may practice medicine under a license issued by the commission under this section until such time as the application is acted upon by the board and the Medical Licensure Commission.
(e) The State Board of Medical Examiners and the Medical Licensure Commission may each adopt rules to implement this section and to permit the expedited processing of applications for a temporary certificate of qualification and medical license.
(f) A temporary certificate of qualification and license shall clearly indicate that it is a temporary certificate or license for military service members or their spouses.
(g) Any physician issued a temporary license under this section shall be subject to having his or her license suspended or revoked by the Medical Licensure Commission for the same causes or reasons, and in the same manner, as provided by law for other physicians licensed pursuant to this chapter.
(Act 2021-100, §2.)
An applicant shall, before being permitted to enter upon an examination, fill out an application blank giving his or her name, age, residence, college and date of graduation, references, and such other data as the State Board of Medical Examiners may require. The board may establish and charge reasonable fees for providing an application packet or a blank license application form, or both. The applicant shall make affidavit that he or she is the person he or she represents himself or herself to be and that he or she shall faithfully observe all rules governing the examination. Any member of the State Board of Medical Examiners or the supervisors of examinations appointed by the board may administer the oath prescribed. The board may refuse to examine a person whose reputation is such as to render him or her unworthy of membership in the medical profession.
(Code 1907, §1628; Code 1923, §2838; Code 1940, T. 46, §260; Acts 1959, No. 109, p. 620, §1; Act 2009-34, p. 113, §3.)
(a) The State Board of Medical Examiners may establish reciprocal agreements for licensure by endorsement with similar boards of other states, the District of Columbia, the territories of the United States, and the provinces of Canada in reference to the issuance of certificates of qualifications. Reciprocal agreements shall not be established with a board of examiners that does not require examination upon substantially the same branches of medical learning as those examinations required for licensure in this state, and that does not maintain a standard of proficiency at least equal to that maintained by the Board of Medical Examiners of this state. When reciprocal agreements have been established, subject to the requirements of Section 34-24-70, a certificate of qualification may be issued by endorsement in behalf of a person who presents evidence of compliance with the requirements of a reciprocating board.
(b) The State Board of Medical Examiners may issue a certificate of qualification by endorsement in behalf of a person who presents evidence of compliance with the requirements of the appropriate board of examiners of another state, the District of Columbia, a territory of the United States, or a province of Canada, if that board requires examination upon substantially the same branches of medical learning as those examinations required for licensure in this state and maintains a standard of proficiency at least equal to that maintained by the State Board of Medical Examiners of this state, whether or not it has established reciprocal agreements with the appropriate board of examiners. Subject to the requirements of Section 34-24-70, the State Board of Medical Examiners may also issue a certificate of qualification by endorsement in behalf of a person who presents evidence satisfactory to the board of successful completion of the Federation Licensing Examination or the examination given by the National Board of Medical Examiners, or the United States Medical Licensing Examination or the National Board of Osteopathic Medical Examiners Examination or the Licensing Medical Council of Canada Examination with a passing score acceptable to the State Board of Medical Examiners.
(c) Any certificate of qualification issued in accordance with this section shall include on its face a statement that the certificate was issued pro forma and by endorsement.
(d) Any certificate of qualification previously issued by the State Board of Medical Examiners under this section is validated, ratified, and confirmed if that certificate could have been legally issued as the section now reads.
(e) No person in whose behalf a reciprocal or pro forma certificate of qualification has been issued shall practice in this state unless the person obtains a license and certificate of registration from the State Medical Licensure Commission.
(Code 1907, §1634; Code 1923, §2844; Code 1940, T. 46, §267; Acts 1951, No. 185, p. 436, §1; Acts 1959, No. 109, p. 620, §5; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §3; Acts 1993, No. 93-148, p. 202, §3; Act 99-103, p. 123, §1.)
A doctor of medicine or doctor of osteopathy licensed to practice medicine in any state of the United States or the District of Columbia who may be called into this state in order to treat a patient in consultation with a physician licensed to practice medicine in this state shall be allowed the temporary privilege of practicing medicine in this state. This privilege shall be limited to 10 calendar days in a calendar year.
A doctor of medicine or doctor of osteopathy licensed to practice medicine in any state in the United States or the District of Columbia who accompanies a patient being transported to the State of Alabama by air or ground transportation for the purpose of receiving medical treatment at any hospital, clinic, or medical facility in the State of Alabama shall be permitted to render necessary medical care to the patient while the patient is being transported in this state and upon arrival at the destination shall immediately refer the care of the patient to a physician licensed to practice medicine in this state.
(Code 1907, §1635; Code 1923, §2845; Code 1940, T. 46, §268; Acts 1988, No. 88-223, p. 347, §1.)
(a) The State Board of Medical Examiners may, in its discretion and subject to rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of full-time employed physicians teaching in any medical college in Alabama, approved by the Association of American Medical Colleges or the board. The dean of the medical college located in this state shall be required to annually certify to the board the names of members of the college’s faculty who have not had issued in their behalf a certificate of qualification by the board and who, in the opinion of the dean, possess the qualifications as the board has or may prescribe including qualifications in the basic sciences, medical education, and other qualifications. The dean, in submitting the certificate of qualifications, shall submit, in addition to the certificate and other information required, a dossier on the applicant to include the following: Name, place of birth, all places of residence, race, religious beliefs, any convictions of any crimes, education showing institution degrees, medical training degrees and experience, internships by years and place, and any other honorary degrees or recognitions. The dean shall include any other remarks appropriate. The statement shall be signed by the applicant under oath. The dean shall verify the records including the last statement upon “information and belief.” The record shall be public records and shall be submitted to the board and kept as permanent records for the use of the board and for public inspection for due cause. If the board concurs in the opinion of the dean, the board may waive any requirement of examination or citizenship, but teacher applicants must be at least 21 years of age and of good moral character. Physicians having certificates issued hereunder must limit their practice to the confines of the medical center of which the medical college is a part, and as an adjunct to their teaching functions in that college. Certification will be automatically withdrawn and automatically expires without notice when full-time employment is terminated. The State Board of Medical Examiners shall make rules and regulations it considers necessary to carry out the purpose of this section. Certificates issued hereunder and licenses based thereon shall state on their face that the practice is limited to the confines of a particular medical center of which a certain medical college is a part and are issued pro forma without examination. Teaching physicians in whose behalf a certificate of qualification is issued hereunder shall be subject to having their certificates of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Teaching physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Teaching physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the medical center in which he or she is employed and any practice or attempt to practice medicine outside the confines of that medical center shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.
(b) The State Board of Medical Examiners may, in its discretion and subject to rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of any physician employed full-time at any state penal institution or any state mental institution or any other state institution approved by the Board of Medical Examiners. Physicians having certificates issued hereunder must limit their practice to the confines of the institution in which they are employed. Certification will be automatically withdrawn and automatically expires without notice when full-time employment is terminated. The State Board of Medical Examiners shall make rules and regulations it considers necessary to carry out the purpose of this section. Certificates issued hereunder and licenses based thereon shall state on their face that the practice is limited to the confines of a state institution and are issued pro forma without examination. Physicians in whose behalf a certificate of qualification is issued hereunder shall be subject to having their certificates of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the institution in which he or she is employed and any practice or attempt to practice medicine outside the confines of that institution shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.
(c) The State Board of Medical Examiners may, in its discretion and subject to the rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of physicians enrolled in a residency training program approved by the board. The board shall also have the authority to require the verification and certification it deems necessary to insure that the applicant is qualified for a certificate of qualification. Physicians having certificates issued hereunder must limit their practice to the confines of the institution in which they are placed pursuant to their training program. Certification will be automatically withdrawn and automatically expires without notice when the physician is no longer enrolled in the training program. The State Board of Medical Examiners shall promulgate rules and regulations it considers necessary to carry out the intent of this subsection. Certificates issued hereunder and licenses based thereon shall state on their faces that the practice is limited to the confines of the institution in which the physician is placed pursuant to his or her training program and shall specifically name that institution. Certificates issued hereunder and licenses based thereon shall also state on their faces that they are issued pro forma without examination. Any physician in whose behalf a certificate of qualification is issued hereunder shall be subject to having his or her certificate of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the institution in which he or she is placed pursuant to this training program and any practice or attempt to practice medicine outside the confines of an institution shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.
(Code 1907, §1636; Acts 1919, No. 599, p. 851; Code 1923, §2846; Code 1940, T. 46, §269; Acts 1959, No. 109, p. 620, §6; Acts 1965, No. 671, p. 1206, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §4; Acts 1978, No. 536, p. 589, §1; Acts 1987, No. 87-568, p. 890, §1; Acts 1993, No. 93-148, p. 202, §3.)
(a)(1) The board, at its discretion and subject to the rules adopted by the board, may issue a certificate of qualification on behalf of physicians meeting the requirements for participation in the Retired Senior Volunteer Program (RSVP).
(2) The Retired Senior Volunteer Program is created for the purpose of permitting doctors of medicine and doctors of osteopathy who are fully retired from the active practice of medicine to obtain a limited license without cost which would permit the provision of outpatient health care services at established free clinics operated pursuant to the Volunteer Medical Professional Act, Section 6-5-660 et seq. Physicians having certificates issued under this section must limit their practice to the confines of an established free medical clinic, as that term is defined in Section 6-5-662, or other nonprofit organizations or facilities located in Alabama which are approved by the board and which provide outpatient medical care to individuals unable to pay for the care.
(3) Certificates issued under this section and licenses based thereon shall state on their faces that the certificates are issued under the RSVP and are subject to restrictions.
(4) Any physician on whose behalf a certificate of qualification is issued under this section shall be subject to having his or her license suspended or revoked by the Medical Licensure Commission for the same causes or reasons and in the same manner as provided by law in the case of other physicians.
(5) Certificates of qualification issued under this section shall expire annually. Physicians may apply to the board for renewal of their certificate, but the board shall have full discretion to accept or reject the application for renewal.
(b) A physician is eligible to receive a certificate of qualification issued under subsection (a) if he or she meets the following qualifications:
(1) The applicant currently has or has had a full and unrestricted license to practice medicine in the State of Alabama or in any other state of the United States or the District of Columbia, which license is or was at the time of expiration unrestricted and in good standing with no pending disciplinary actions or investigations at the time of expiration.
(2) The applicant certifies, on a form prescribed by the board, that he or she is fully retired from the active practice of medicine.
(3) The applicant is in good health and is not currently undergoing treatment for a physical or mental condition which would impair the individual’s ability to practice medicine with reasonable skill and safety to patients.
(4) The applicant certifies, on a form prescribed by the board, that he or she intends to limit his or her medical practice to the provision of outpatient services at an established free medical clinic as that term is defined in Section 6-5-662 or other nonprofit organization or facility that has been approved by the board and that furnishes outpatient medical care to patients unable to pay for the care.
(5) The applicant certifies, on a form prescribed by the board, that his or her license to practice medicine in any state or the District of Columbia has never been revoked, suspended, placed on probation, or otherwise subject to disciplinary action and that the applicant has not had his or her hospital medical staff privileges revoked, suspended, curtailed, limited, or surrendered while under investigation.
(6) The applicant acknowledges, on a form prescribed by the board, that he or she is subject to the continuing medical education requirements for physicians as specified in the rules of the State Board of Medical Examiners.
(7) The applicant furnishes a certification of the employment arrangements or agreement with the qualified clinic or nonprofit organization.
(c) A certificate of qualification issued under subsection (a) shall be issued at no cost to the applicant.
(d) The Medical Licensure Commission and the State Board of Medical Examiners each may adopt reasonable rules necessary to implement the requirements of this section and Section 34-24-333(b).
(Act 2004-299, p. 422, §§1, 3; Act 2025-332, §1.)
(a) The board may develop, implement, and maintain a permit that allows an individual who meets certain criteria and qualifications, as further provided in subsection (c), to practice medicine as a bridge year graduate physician. A permitted bridge year graduate physician shall practice only under the supervision of a licensed physician approved by the board.
(b)(1) The board shall convene a standing working group to consult and assist in the drafting of rules related to the practice of bridge year graduate physicians, consisting of the following:
a. Two members appointed by the Medical Association of the State of Alabama.
b. One member appointed by the Alabama Academy of Family Physicians.
c. One member appointed by the Alabama Chapter of the American Academy of Pediatrics.
d. One member appointed by the Alabama Chapter of the American College of Physicians.
e. One member appointed by the Alabama Primary Health Care Association.
f. One member appointed by the board.
g. The director of a residency program appointed by the Dean of The University of Alabama at Birmingham School of Medicine.
h. The director of a residency program appointed by the Dean of the University of South Alabama College of Medicine.
i. The Director of the Cahaba Medicine Family Residency Program.
(2) Members of the standing working group shall receive, out of the funds of the board, reimbursement for subsistence and travel in accordance with state law for each day actively engaged in official business of the standing working group.
(3) The standing working group may conduct its business in person or by electronic means.
(c) The board shall provide by rule for the criteria for participation in the bridge year graduate physician program which, at a minimum, shall require the individual seeking a permit to meet the following qualifications:
(1) Is a graduate of a medical educational institution as set forth in Section 34-24-70(a)(1).
(2) Has applied, but was not accepted into, a postgraduate or residency training program, as set forth in Section 34-24-70(a)(2), for the first year following medical school graduation. The board may establish a process for otherwise qualified applicants to petition the board to waive this requirement.
(3) Has submitted to the board an application on a form approved by the board.
(4) Has paid to the board in advance the required application fee in an amount established by board rule. This fee is nonrefundable once payment is received by the board.
(d) In addition to the qualifications described in subsection (c), and for the purposes of determining an applicant’s suitability to obtain a permit to practice as a bridge year graduate physician in this state, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints, either inked cards or electronically, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques to the board. The board shall submit the fingerprints provided to the State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay directly to the board, or its designee, all costs associated with the background check required by this section. The board shall keep information received pursuant to this subsection confidential, except that such information received and relied upon in denying the issuance of a permit to practice as a bridge year graduate physician in this state may be disclosed as may be necessary to support the denial.
(e) Upon the filing of an application in the proper form, if the board is satisfied that all requirements of the law have been met and that the application should be approved in the interest of public welfare, the board shall issue to the applicant a permit to practice as a bridge year graduate physician. The permit shall be of a size and design to be determined by the board. Every permit issued by the board shall be dated, shall be numbered in the order of issuance, and shall be signed by the chair of the board or the chair’s designee.
(f) A permit issued pursuant to this section shall be valid for one year and may be renewed, upon application and payment of a renewal fee, as determined by the board, by rule, for no more than one additional one-year period.
(g) The board may adopt rules further setting forth the qualifications of a physician eligible to supervise a bridge year graduate physician and for the level of supervisory oversight required, which, at a minimum, shall include on-site physician supervision.
(h)(1) An individual holding a permit to practice as a bridge year graduate physician may prescribe, dispense, or administer legend drugs to patients, subject to both of the following conditions:
a. The drug shall be on the formulary approved under the guidelines of the board.
b. The drug is administered or issued pursuant to a job description approved by the board and signed by the bridge year graduate physician’s supervising physician.
(2) Permitted bridge year graduate physicians may administer any legend drug that they are authorized to prescribe under this subsection. A bridge year graduate physician may not initiate a call-in prescription in the name of his or her supervising physician for any drug, whether legend drug or controlled substance, which the bridge year graduate physician is not authorized to prescribe under the job description signed by his or her supervising physician and approved under this subsection, unless the drug is specifically ordered for the patient by the supervising physician, either in writing or by a verbal order which has been reduced to writing and which has been signed by the supervising physician within a time specified in the guidelines of the board.
(i) The board may deny, suspend, terminate, or revoke a bridge year graduate physician permit for any reason provided by law or board rule for the termination of licenses, permits, registrations, or certificates issued by the board or the Medical Licensure Commission, including, but not limited to, a violation of this section or the rules adopted by the board pursuant to this section.
(j) At the end of the bridge year, the physician supervising a bridge year graduate physician, in a manner prescribed by the board, shall submit a report to the board indicating the scope and breadth of the practice of the participating bridge year graduate physician and the instruction and training given to the bridge year graduate physician. The supervising physician’s report shall contain a statement as to whether or not the bridge year graduate physician would be recommended for a residency position upon reapplication.
(k) A permit issued in accordance with this section shall not confer any future right to licensure to practice medicine in this state.
(l) The board may adopt rules regulating the permitting and practice of bridge year graduate physicians in this state, even if the rules displace competition.
(Act 2023-233, §3)
(a) The term “chiropractic,” when used in this article, is hereby defined as the science and art of locating and removing without the use of drugs or surgery any interference with the transmission and expression of nerve energy in the human body by any means or methods as taught in schools or colleges of chiropractic which are recognized by the State Board of Chiropractic Examiners.
(b) Any chiropractor who has been certified and licensed by the State Board of Chiropractic Examiners may examine, analyze, and diagnose the human body and its diseases by the use of any physical, clinical, thermal, or radonic method, and the use of X-ray diagnosing, and may use any other general method of examination for diagnosis and analysis taught in any school of chiropractic recognized by the State Board of Chiropractic Examiners.
(c) Chiropractors certified and licensed by the State Board of Chiropractic Examiners may practice chiropractic as set forth in subsections (a) and (b) of this section and may also recommend the use of foods and concentrates, food extracts, and may apply first aid and hygiene, but chiropractors are expressly prohibited from prescribing or administering to any person any drugs included in materia medica, except as herein provided, from performing any surgery, from practicing obstetrics or from giving X-ray treatments or treatments involving the use of radioactive materials of any description.
(Acts 1959, No. 108, p. 612, §1; Acts 1989, No. 89-237, p. 321, §2.)
The State Board of Chiropractic Examiners shall have the right to regulate the advertising of chiropractic services by chiropractors or permit holders within the limits prescribed by this article and the rules and regulations governing the practice of chiropractic in this state.
(Acts 1959, No. 108, p. 612, §22; Acts 1989, No. 89-237, p. 321, §2; Act 2013-414, p. 1568, §1.)
Chiropractors who have complied with the provisions of this article shall have the right to treat patients according to specific chiropractic methods and shall observe state, county, and municipal public health regulations, reporting to the proper health officers the same as other practitioners. Chiropractors shall not prescribe or administer medicine to patients, perform surgery, nor practice obstetrics or osteopathy.
(Acts 1959, No. 108, p. 612, §9; Acts 1989, No. 89-237, p. 321, §2.)
(a) It shall be unlawful for any person to practice chiropractic unless he or she shall have first obtained a valid license as provided in this article and possesses all the qualifications prescribed by the terms of this article. Any person who shall practice or attempt to practice chiropractic without such a license or any person who shall buy or fraudulently obtain such a license or shall violate any of the terms of this article, or shall use the title “chiropractic,” “D.C.,” or any word or title to induce the belief that he or she is engaged in the practice of chiropractic, without first complying with the provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail for not less than 30 days nor more than one year, either or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner.
(b) It shall be unlawful for any person who is not otherwise licensed by the board to own, in whole or in part, any chiropractic practice unless he or she shall have first obtained a valid permit in the name of the chiropractic practice or office. Each applicant must pass an examination administered by the board on this article and the rules of the board. Upon completion of all requirements and passage of the examination, a permit shall be issued. Employment of a chiropractor by a hospital, as defined in Section 22-21-7, shall be excluded from the requirements of this subsection. The board shall establish a reasonable fee for the issuance and renewal of the permit, which shall be renewable annually and shall provide a grace period for any permit to be renewed in the same manner as provided for licensees in Section 34-24-165. The holder of a permit issued pursuant to this subsection shall be subject to this article and any rules or regulations issued pursuant thereto.
(Acts 1959, No. 108, p. 612, §20; Acts 1989, No. 89-237, p. 321, §2; Act 2004-442, p. 780, §1; Act 2006-295, p. 602, §1; Act 2013-414, p. 1568, §1.)
When it appears to the State Board of Chiropractic Examiners that any person is violating any of the provisions of this article, the board may in its own name bring an action in the circuit court for an injunction, and the court may enjoin any person from violating this article regardless of whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. For purposes of this section, a person shall be deemed to include any individual, firm, partnership, corporation, professional association, professional corporation, or other entity.
(Act 2006-295, p. 602, §2.)
(a) For the purposes of this section, the following words shall have the following meanings:
(1) CHIROPRACTOR. A person licensed to practice chiropractic in this state.
(2) CHIROPRACTIC AGREEMENT or AGREEMENT. A contract between a chiropractor and a patient or his or her legal representative in which the chiropractor or the chiropractor’s chiropractic practice agrees to provide chiropractic services to the patient for an agreed upon fee and period of time.
(3) CHIROPRACTIC PRACTICE. A chiropractor or a chiropractic practice of a chiropractor that charges a periodic fee for chiropractic services and which does not bill a third party any additional fee for services for patients covered under a chiropractic agreement. The per visit charge of the practice shall be less than the monthly equivalent of the periodic fee.
(b) A chiropractic agreement is not insurance, may not be deemed an insurance arrangement, and is not subject to state insurance laws.
(c) A patient or legal representative shall not forfeit any insurance benefits or Medicare benefits by purchasing medical services or products outside the system.
(d) A chiropractor offering, marketing, selling, or entering into a chiropractic agreement may not be required to obtain a certificate of authority or license other than to maintain a current license to practice chiropractic in this state.
(e) A chiropractic agreement is not a discount medical plan.
(f) To be considered a chiropractic agreement for the purposes of this section, the agreement shall satisfy all of the following:
(1) Be in writing.
(2) Be signed by a chiropractor, or agent of the chiropractor, and the patient or his or her legal representative.
(3) Allow either party to terminate the agreement upon written notice of at least 30 days to the other party.
(4) Describe the scope of health care services that are covered by the periodic fee.
(5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing health care.
(6) Specify the duration of the agreement and any automatic renewal periods and require that no more than 12 months of the periodic fee be paid in advance.
(7) Prominently state in writing that is conspicuously visible and in bold font all of the following:
a. The agreement does not constitute health insurance of the laws of this state.
b. An uninsured patient that enters into an agreement may still be subject to tax penalties under the Patient Protection and Affordable Care Act, Public Law 111-148, for failing to obtain insurance.
c. Patients insured by health insurance plans that are compliant with the Patient Protection and Affordable Care Act already have coverage for certain preventive care benefits at no cost to the patient.
d. Payments made by a patient for services rendered under a chiropractic agreement may not count toward the patient’s health insurance deductibles and maximum out-of-pocket expenses.
e. A patient is encouraged to consult with the patient’s health insurance plan before entering into the agreement and receiving care.
(8) Provide that, upon termination of the agreement by the patient, all unearned fees are to be returned to the patient.
(g) A chiropractor providing chiropractic services under a chiropractic agreement may decline to accept a patient if, in the chiropractor’s opinion, the patient’s medical condition is such that the provider is unable to provide the appropriate level and type of health care the patient requires. The chiropractor may discontinue care for patients under the chiropractic agreement under any of the following conditions:
(1) The patient fails to pay the periodic fee.
(2) The patient has performed an act of fraud.
(3) The patient repeatedly fails to adhere to the recommended treatment plan.
(4) The patient is abusive or presents an emotional or physical danger to the staff or other patients of the chiropractic practice.
(5) The chiropractor or the chiropractor’s chiropractic practice discontinues operation as a chiropractic practice.
(6) Any other condition consistent with the Chiropractic Practice Act or the rules of the Alabama State Board of Chiropractic Examiners.
(Act 2018-390, §2.)
AMENDED BY ACT 2026-288, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is established a State Board of Chiropractic Examiners. The board shall be composed of nine members. Eight members of the board shall be active licensed chiropractors elected as provided in this section. Seven of the elected members shall be elected one from each congressional district in this state except as otherwise provided in Section 34-24-141. Any candidate for or member of the board shall be a resident of the appropriate congressional district except one candidate for the board shall be elected from the state at-large. One elected member of the board shall be elected from the state at-large and shall be an African-American.
(b) Each elected member of or candidate for the board shall meet all of the following qualifications:
(1) Be a resident of this state who has resided in this state for at least five years.
(2) Be a graduate of a chartered chiropractic school or college that required actual attendance in the school as a prerequisite to graduation.
(3) Currently is engaged in the clinical practice of chiropractic and has been engaged in the clinical practice in this state for at least the five immediately preceding years.
(4) Has renewed his or her license to practice chiropractic by September 30 of the year in which an election shall take place.
(5) Be of good moral character.
(6) Is not presently on probation relating to the practice of chiropractic in any state.
(c) One member of the board shall be a consumer member appointed by the Governor. Neither the consumer member nor his or her spouse may be a chiropractor. The consumer member may not be an immediate family member of a chiropractor nor may he or she be employed in the chiropractic field.
(d) The elected members of the board shall be elected as provided in this subsection. In August of any year that the term of a member of the board expires, the board shall send a notice of the election of the board and the method of qualifying as a candidate to each active licensed chiropractor in the district where the vacancy occurs according to his or her permanent mailing address. The election provided for in this subsection shall be conducted by an independent agency unless there is only one candidate for the board and in this situation, the board shall announce the results. The board shall set a period for candidates to qualify and the date for the ballots to be sent. Candidates shall qualify by submitting their name to the executive director of the board during the qualifying period which shall be not less than 20 days nor more than 40 days after the notice is sent. Not less than 14 days after the deadline for qualification, each licensed chiropractor shall be sent a ballot for the appropriate congressional district where the vacancy is to be filled. In order to be counted, the ballots shall be returned and time stamped not later than 14 business days after the ballots were sent by the independent agency. The results of the election shall be certified by the independent agency. The ballots shall be maintained for a period of six months by the independent agency. The candidate with a simple majority of the votes cast in each respective congressional district shall be elected to the board position for that congressional district. In the event no candidate in a district receives a majority of the votes, the board shall hold a run-off election in the same manner as provided in this subsection. The members of the board shall take office at the first meeting of the board after the election and the executive director of the board shall set the date of the first meeting of the board after the election of the new board.
(e) Whenever a vacancy occurs on the board, whether by death, resignation of a member, or other cause, the vacancy shall be filled in the same manner as the original election or appointment for the remainder of the term of office.
(f)(1) The board may employ investigators, inspectors, attorneys, and any other agents, employees, and assistants as may be necessary, and may use any other means necessary to bring about and maintain a rigid administration and enforcement of state and federal law.
(2) The board may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence and materials, or other evidence. Any individual failing or refusing to appear or testify regarding any matter about which he or she may be lawfully questioned or to produce any papers, books, records, documentary evidence or materials, or other evidence in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, upon application by the board to any circuit judge of this state, may be ordered to comply therewith. Upon failure to comply with the order of the circuit judge, the court may compel obedience by attachment as for contempt as in case of disobedience of a similar order or subpoena issued by the court. The president or secretary-treasurer of the board may issue subpoenas, and any board member may administer oaths to witnesses or take their affirmation. A subpoena or other process of paper may be served upon any person named therein, anywhere within this state, by any officer authorized to serve subpoenas or other process or paper in civil actions, in the same manner as is prescribed by law for subpoenas issued out of the circuit courts of this state, the fees and mileage and other costs to be paid as the board directs.
(g) The board shall employ an executive director who shall be responsible for the administration of board policy. The executive director may be licensed to practice chiropractic in this state.
(h) The board shall publish annually a directory listing all permit holders and all persons licensed to practice chiropractic in this state. Copies of the directory shall be made available from the executive director at a cost set by rule of the board.
(i) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.
(j) Each member of the board shall meet all qualifications to be a candidate for his or her seat on the board during his or her entire term. Any member who fails to continue to meet the qualifications for his or her seat shall forfeit his or her seat on the board and resign or the board seat shall be declared vacant by the board.
Acts 1959, No. 108, p. 612, §2; Acts 1985, No. 85-613, p. 938, §3; Acts 1989, No. 89-237, p. 321, §2; Acts 1993, No. 93-150, p. 213, §3; Acts 1995, No. 95-402, p. 837, §1; Act 2003-352, p. 921, §1; Act 2006-295, p. 602, §1; Act 2009-31, p. 98, §3; Act 2013-414, p. 1568, §1; Act 2015-275, §1; Act 2025-335, §1.)
(a) The Legislature finds and declares all of the following:
(1) A primary goal of the provision of health care is to prioritize patient safety and wellness.
(2) The board is in the best position to determine the practice of chiropractic that prioritizes patient safety and wellness.
(3) The power to make rules regulating the practice of chiropractic includes the power to prohibit unlicensed persons from practicing chiropractic and the power to regulate how licensed persons practice chiropractic.
(4) It is the intent of the Legislature in enacting this section to immunize the State Board of Chiropractic Examiners and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.
(b) Subject to subsection (c), a rule adopted by the board may define and regulate the practice of chiropractic in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the State Board of Chiropractic Examiners.
(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of chiropractic.
(d) 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 Chiropractic Examiners beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the State Board of Chiropractic Examiners in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).
(Act 2017-147, §§1-3.)
The members of the board shall be elected or appointed, as provided in Section 34-24-140, for a term of four years and the terms shall be staggered. In the event that there are two or more board members serving from the same congressional district based on redistricting, the members of the board shall serve until their term expires, and the vacancy shall be filled from any congressional district where no member resides as the term or terms expire. In the event the State of Alabama gains or loses a congressional seat, the districts shall be based on the last congressional districting plan having seven districts. No member shall serve more than two consecutive full terms on the board, effective January 1, 1990. A member of the board may be removed by the Governor for neglect of duty or just cause. Before taking office, the members of the board shall take and file with the Secretary of State the constitutional oath of office required by Section 279 of the Constitution of Alabama of 2022.
(Acts 1959, No. 108, p. 612, §3; Acts 1985, No. 85-613, p. 938, §3; Acts 1989, No. 89-237, p. 321, §2; Acts 1995, No. 95-402, p. 837, §1; Act 2003-352, p. 921, §1.)
Each member of the board shall be entitled to receive a per diem at the rate of 80 percent of the rate established by Section 34-24-54 for each day or any portion thereof that the member of the board is in attendance at a meeting of the board or any function of the board, plus an amount not to exceed the per diem expense and transportation costs allowed to Alabama state employees for in-state travel for each day actively engaged in the duties of their office. All expenditures by the board shall be made only on requisition signed by the president or the executive director of the board.
(Acts 1959, No. 108, p. 612, §4; Acts 1989, No. 89-237, p. 321, §2; Act 2003-352, p. 921, §1; Act 2009-31, p. 98, §3.)
(a) All examination fees, certification fees, renewal fees, and other similar funds received by the board under this article shall be deposited into the State Treasury to the credit of the State Board of Chiropractic Examiners, and all such funds are appropriated to the board to defray the expenses incurred in carrying out this article. The expenses shall include printing, stamps, stationery, clerical help, travel, and other necessary expenditures.
(b) In all cases, any fee that is received by the board shall not be refunded, and no applicant shall have the right to recover any part of a fee accompanying his or her application for licensure or otherwise paid to the board except on the death, disability, or retirement from practice of any applicant or licensee between payment of any fee and the expiration of his or her current renewal or the issuance of the initial license or permit or on the failure of the board to conduct any scheduled examination.
(c) The books and records of the board shall be subject to state audit in the same manner and to the same extent as any other state agency. The secretary-treasurer or the executive director shall keep a true and accurate account of all funds received by the board and all expenditures made by the board.
(d)(1) The board may acquire and hold, in its own name, real property by purchase, gift, grant, or other lawful means, except eminent domain, which real property is used by the board to carry out its responsibilities.
(2) 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, the board may expend its own funds, and any obligations created in connection with the purchase of real property shall solely and exclusively be obligations of the board and shall not create debts, obligations, or liabilities of the State of Alabama.
(Acts 1959, No. 108, p. 612, §5; Acts 1989, No. 89-237, p. 321, §2; Act 2006-295, p. 602, §1; Act 2009-31, p. 98, §3; Act 2013-414, p. 1568, §1; Act 2022-156, §1.)
The members of the State Board of Chiropractic Examiners shall convene within 30 days after their election or appointment and elect a president, vice-president, and secretary-treasurer from among their members, and thereafter the board shall elect, annually, after the commencement of the term of any board member, a president, vice-president, and secretary-treasurer from among the members of the board. The board shall meet at least twice a year and shall set by rule the regular meeting schedule of the board. The board shall adopt a seal, which shall be affixed to all licenses issued. Five members of the board shall constitute a quorum. However, the board may appoint hearing panels consisting of no fewer than three board members. The consumer member of the board may be a member of each hearing panel. The hearing panels are authorized to conduct hearings in the same manner as the full board is authorized to conduct hearings. The board may from time to time adopt necessary rules and regulations for the performance of its duties. The secretary-treasurer and the executive director of the board shall give bond in the principal sum of one thousand dollars ($1,000), payable to the State of Alabama, for the faithful performance of their duties. The premiums for the bond shall be paid by the board from funds appropriated for its use.
(Acts 1959, No. 108, p. 612, §6; Acts 1989, No. 89-237, p. 321, §2; Acts 1995, No. 95-402, p. 837, §1; Act 2003-352, p. 921, §1; Act 2006-295, p. 602, §1; Act 2009-31, p. 98, §3.)
(a) The State Board of Chiropractic Examiners may establish a preceptorship and extern program whereby chiropractic students enrolled in their last year at board-approved chiropractic colleges accredited by the Council of Chiropractic Education and recent chiropractic graduates of such colleges may practice chiropractic under the direct on-premises supervision of a sponsor licensed to practice chiropractic in this state, and in the case of chiropractic students, also under the supervision of the college. A sponsor may not supervise more than one student or graduate at one time. A student or graduate practicing chiropractic pursuant to this section may not use the title “chiropractic,” “D.C.,” or any word or title to induce the belief that he or she is engaged in the practice of chiropractic.
(b) The board may adopt rules to implement this section, including providing academic, professional, and character requirements for eligible participants, defining the permitted scope of practice of a student or graduate practicing chiropractic pursuant to this section, and requiring fees for participation.
(c) Any individual enrolled in or teaching a course of study designed to develop chiropractic clinical skills in which chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college or other educational program approved by the board shall do so only under the supervision of a licensed chiropractor approved by the board. Such an individual may not provide chiropractic services outside of the scope of the educational program and setting, nor may he or she perform, or supervise the performance of, any chiropractic service provided on a fee-for-service basis without having first obtained a license pursuant to this article.
(d) The board shall implement and perform all powers and duties transferred to it pursuant to Act 81-217, H. 213, 1981 Regular Session (Acts 1981, p. 271).
(e) License requirements shall not apply to an individual pursuing a course of study leading to a doctor of chiropractic degree, or postgraduate training that is approved by the board, if the individual: (i) is designated by a title indicating student status; (ii) is fulfilling clinical training requirements for the attainment of a degree; and (iii) is under the supervision of a chiropractor licensed pursuant to this article.
(f) Nothing in this article shall be construed as preventing the practice of chiropractic services or activities provided by either of the following:
(1) Any individual licensed to practice chiropractic in this or another state who is employed as a professor or instructor by a chiropractic school or college located in this state.
(2) Any individual enrolled in or teaching a course of study designed to develop chiropractic clinical skills when chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college, or other educational program approved by the board.
(Acts 1983, No. 83-586, p. 919, §§1-3; Acts 1989, No. 89-237, p. 321, §2; Act 2025-335, §1.)
The State Board of Chiropractic Examiners, by rule of the board, may set, charge, and collect reasonable fees for services provided by the board, including, but not limited to, the following services:
(1) Applications for approval of continuing education seminars.
(2) Verification of licensure status of licensees.
(3) Copies of records provided by the board.
(4) Other services as determined necessary by the board to reimburse the board for expenses reasonably related to the delivery of the services.
(Act 2021-112, §1.)
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.
(Acts 1959, No. 108, p. 612, §7; Acts 1978, No. 767, p. 1107, §1; Acts 1989, No. 89-237, p. 321, §2; Act 2006-295, p. 602, §1; Act 2009-31, p. 98, §3; Act 2013-414, p. 1568, §1.)
(a) Each applicant, who matriculated into a chiropractic college after January 1, 1973, must pass parts one and two of the examination administered by the National Board of Chiropractic Examiners or other national examination as approved by the board. In addition, each applicant must pass an examination administered by the board on this article and the rules of the board.
(b) The State Board of Chiropractic Examiners shall prescribe rules and regulations regarding which national examination shall be administered, the conduct of and times and places of examinations, and requirements for successful completion of examinations. A license shall be issued for each applicant who successfully completes the examination.
(c) Irrespective of the requirements in subsections (a) and (b), the board may license an applicant if the applicant is licensed in another state that, in the opinion of the board, has standards of practice or licensure equal to or stricter than the requirements imposed by this article. If the applicant graduated from chiropractic college after January 1, 2010, he or she must have a bachelor’s degree from an accredited college or university. Absent a bachelor’s degree, the requirement may be met by an academic graduate degree from a regionally accredited college or university and proof that the applicant has taken a nationally recognized standardized test commensurate with that applicant’s graduate degree.
(d) Upon completion of all requirements for licensure an applicant shall be issued a license. The fee for issuance of a license shall be established by rule of the board. Each license shall be dated and numbered in the order of issuance and shall be signed by the executive director and the president of the board.
(e) Replacement licenses:
(1) Any licensee whose license is lost or destroyed may be issued a replacement license upon making application to the board. The application must be accompanied by an affidavit setting out the facts concerning the loss or destruction.
(2) Name change. Any licensee whose name is changed by marriage or court order may surrender his or her license and apply for a replacement license.
(3) The fee for any replacement license shall be established by rule of the board.
(f) Each licensed chiropractor who is actively engaged in practice or who holds himself or herself out as a chiropractor shall place or cause to be placed in a conspicuous place at the entrance of his or her office or place in which he or she practices a sign in intelligible lettering not less than one inch in height containing the name of the chiropractor and in lettering no smaller than half the size of the name of the chiropractor, the words “CHIROPRACTOR” or “CHIROPRACTIC.” The intent of this requirement is that the office of the licensee be clearly identified by name and profession.
(g) Any licensee or permittee upon request shall be issued a duplicate license upon payment of a fee to be established by rule of the board.
(Acts 1959, No. 108, p. 612, §8; Acts 1985, No. 85-613, p. 938, §3; Acts 1989, No. 89-237, p. 321, §2; Acts 1997, No. 97-149, p. 190, §3; Act 2003-352, p. 921, §1; Act 2009-31, p. 98, §3; Act 2013-414, p. 1568, §1; Act 2015-275, §1.)
(a) Every person who desires to practice chiropractic within the State of Alabama shall file an application prescribed by the board. Notwithstanding the method of obtaining licensure or any particular requirement set forth herein, every person as a prerequisite to licensure must be at least 21 years of age, 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, a graduate of a chiropractic school or college accredited and recognized by the board and must satisfy any other requirement set forth in any rule adopted by the board.
(b) Any individual who possesses a current license in any state, who has passed a state licensure examination approved by the board and who has, since graduation from chiropractic school, participated in a clinical residency or practiced chiropractic in the Armed Forces or with the Public Health Service shall be eligible for licensure if an application is received by the board within 18 months of the completion of the subject residency or Armed Forces or Public Health Service commitment. All of the above applicants shall pay a fee which shall accompany the application.
(c) Licensure by credentials may be utilized to evaluate the theoretical knowledge and clinical skill of a chiropractor when an applicant for licensure by credentials holds a chiropractic license in another state. The board may promulgate rules relating to licensure by credentials in addition to any statutory requirements.
(d) An applicant for licensure by credentials must meet all of the following:
(1) The chiropractor shall have engaged in the active practice of chiropractic or full-time chiropractic education for the five years immediately preceding his or her application. The active practice of chiropractic or full-time chiropractic education shall mean spending a minimum of at least 5,000 hours engaged in these activities during the relevant time period.
(2) The applicant must hold a current, valid, unrevoked, and unexpired license in a state having examination standards regarded by the State Board of Chiropractic Examiners as an equivalent to the Alabama standards.
(3) The board of examiners in the state of current practice must verify or endorse that the applicant’s license is in good standing without any restrictions.
(4) The chiropractor shall not be the subject of a pending disciplinary action in any state in which the individual is or has been licensed which shall be verified by a query to the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the Federation of Chiropractic Licensing Board CINBAD Databank, or any other pertinent bank currently existing or which may exist in the future.
(5) The applicant must provide a written statement agreeing to be interviewed at the request of the board.
(6) The individual must successfully pass a written jurisprudence examination.
(7) The applicant must submit affidavits from two licensed chiropractors practicing in the same geographical area where the applicant currently is practicing or teaching attesting to the applicant’s moral character, standing, and ability.
(8) The applicant must provide the board with an official transcript with school seal from the chiropractic school which issued the applicant’s professional degree or execute a request and authorization allowing the board to obtain the transcript.
(9) The applicant must not be the subject of any pending or final action from any hospital revoking, suspending, limiting, modifying, or interfering with any clinical or staff privileges.
(10) The applicant must not have been convicted of a felony, a misdemeanor involving moral turpitude, any offense relating to controlled or legend drugs or any offense which would interfere with or impair the ability of the applicant to practice chiropractic with reasonable skill and safety to his or her patients.
(11) The board may consider or require other criteria including, but not limited to, any of the following:
a. Questioning under oath.
b. Results of peer review reports from constituent chiropractic societies or federal chiropractic services.
c. Substance abuse testing or treatment.
d. Proof of no physical or psychological impairment that would adversely affect the ability to practice chiropractic with reasonable skill and safety.
e. Participation in continuing education.
f. Background checks for criminal or fraudulent activities.
g. An agreement to initiate practice within the State of Alabama within a period of one year from the date of the issuance of a license.
h. Proof of professional liability coverage and that coverage has not been refused, declined, cancelled, non-renewed, or modified.
i. In the event an applicant has or is practicing in a state which allows an applicant to prescribe or administer drugs, the applicant has not been the subject of any disciplinary action or is subject to the pendency of any disciplinary action or enforcement proceeding of any kind in connection with these activities. This paragraph applies regardless of whether or not a separate permit or license was issued to engage in the described activities.
(12) The board may refuse to grant a license to an applicant who does not comply with the requirements of Section 34-24-166(a) or who has engaged in any acts constituting the disciplinary grounds set forth in Section 34-24-166(b). The board may further take disciplinary action authorized by this chapter if the board learns or discovers subsequent to the issuance of a license that the individual engaged in any acts constituting the disciplinary grounds set forth in Section 34-24-166(b).
(13) The board may promulgate rules relating to licensure by credentials including applicable fees in addition to any requirements by law.
(Act 2013-414, p. 1568, §2.)
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.
(Acts 1959, No. 108, p. 612, §21; Acts 1989, No. 89-237, p. 321, §2.)
Every person who receives a license to practice chiropractic shall have it recorded in the office of the judge of probate of each county in which he practices and shall likewise have it recorded in the counties to which he may subsequently remove for the purpose of practicing chiropractic and shall pay a fee to the judge of probate in each county in which the license is recorded. No person shall engage in the practice of chiropractic until the license is recorded by the judge of probate.
(Acts 1959, No. 108, p. 612, §11; Acts 1989, No. 89-237, p. 321, §2.)
(a) Every license to practice chiropractic or permit to own a chiropractic practice shall be subject to renewal on September 30 of the year for which it is issued with a grace period from October 1 to December 31 of each year. Every person having a valid license or permit, on or before September 30, may renew the license or permit for the ensuing year by the payment to the board of a fee of not more than four hundred dollars ($400), the exact amount to be fixed by rule of the board, subject to the condition that no increase or decrease in any one year shall exceed twenty-five dollars ($25). The secretary-treasurer or the executive director of the board shall notify each licensee or permit holder at least 30 days prior to September 30 of each year of the due date for renewal. In addition to the renewal fee, a late renewal penalty shall be assessed to any licensee or permit holder who fails to pay the renewal fee by September 30 of each year based on the following schedule:
(1) For renewal during the month of October, one hundred dollars ($100).
(2) For renewal during the month of November, two hundred dollars ($200).
(3) For renewal during the month of December, three hundred dollars ($300).
(b) The license renewal and permit renewal shall be accompanied by satisfactory evidence that the licensee or primary permit holder has completed the number of approved continuing education hours in the manner set forth and required by rule of the board. The board, for good and reasonable cause shown, may waive the education requirement.
(c) A chiropractor may continue to practice or a permit holder may continue to own a chiropractic practice until December 31 of the year for which a license or permit is issued. Any license shall be suspended if not renewed before January 1. Any chiropractor whose license is automatically suspended shall be reinstated if all conditions for renewal have been satisfied and upon payment of a reinstatement fee on or before January 31. Any chiropractor who seeks reinstatement due to nonrenewal after January 31 shall comply with Section 34-24-176.
(d) Any licensee who is no longer in active practice may apply for retirement of his or her license by submitting an affidavit to that effect on a form supplied by the executive director. A licensee whose license is retired is excused from the professional education requirement specified in this article. The annual fee for maintenance of a retired license may not be more than one-half of the amount required by this article for an active license.
(e) The board may waive or reduce annual registration and the payment of fees while any licensee is prevented from practicing chiropractic by reason of physical disability, temporary active duty with any of the Armed Forces of the United States, or while any licensee is completely retired from the practice of chiropractic. The waiver of fees shall be effective so long as the disability, temporary active duty, or complete retirement continues.
(f) The board shall adopt rules as necessary to enforce this article.
(g) In addition to other requirements established by law and for the purpose of determining suitability for reinstatement of a license to practice chiropractic, each individual seeking reinstatement shall submit a complete set of fingerprints to the board and the board shall submit the fingerprints provided by any such individual to the State Bureau of Investigations. The fingerprints shall be forwarded by the State Bureau of Investigations 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 individual seeking reinstatement. The board shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying reinstatement may be disclosed as may be necessary to support the denial. This requirement also shall apply in the same manner to any person who is not licensed as a chiropractor who applies for reinstatement of his or her permit pursuant to Section 34-24-123(b).
(h) In addition to other requirements established by law and for the purposes of determining suitability for renewal of a license to practice chiropractic, the board may require an individual to submit a complete set of fingerprints to the board. The board shall submit the fingerprints provided by any such individual to the State Bureau of Investigations. The fingerprints shall be forwarded by the State Bureau of Investigations to the FBI for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the individual seeking renewal. The board shall keep information received pursuant this section confidential, except that such information received and relied upon in denying the renewal may be disclosed as may be necessary to support the denial. This requirement also shall apply in the same manner to any person who is not licensed as a chiropractor who applies for renewal of his or her permit pursuant to Section 34-24-123(b).
(i) The board shall establish an inactive license for individuals who desire to be licensed in this state but who practice in another state. The annual fee for maintenance of an inactive license shall be one-half of the amount required by this section for an active license.
(Acts 1959, No. 108, p. 612, §19; Acts 1964, 1st Ex. Sess., No. 167, p. 232, §1; Acts 1969, No. 608, p. 1113, §1; Acts 1978, No. 769, p. 1109, §1; Acts 1989, No. 89-237, p. 321, §2; Acts 1997, No. 97-149, p. 190, §3; Act 98-650, p. 1427, §1; Act 99-662, 2nd Sp. Sess., p. 120, §1; Act 2003-352, p. 921, §1; Act 2009-31, p. 98, §3; Act 2013-414, p. 1568, §1; Act 2015-275, p. 760, §1; Act 2017-53, p. 78, §3; Act 2025-335, §1.)
(a) The State Board of Chiropractic Examiners may refuse to grant a license or permit to any applicant who is not of good moral character and reputation or has a history of narcotic addiction or has previously been convicted of a felony or any crime of moral turpitude or has previously been diagnosed as having a psychopathic disorder.
(b) The State Board of Chiropractic Examiners may invoke disciplinary action as outlined in subsection (c) whenever the licensee or permit holder shall be found guilty of any of the following:
(1) Fraud in procuring a license or permit, or any fraud in obtaining money or other thing of value.
(2) Immoral conduct.
(3) Unprofessional conduct.
(4) Habitual intoxication or addiction to the use of drugs.
(5) Conviction of a felony or any crime of moral turpitude.
(6) Conviction for violation of any narcotic or controlled substance statute.
(7) Unlawful invasion of the field of practice of any other health practitioner when the licensee is not licensed to practice such profession.
(8) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient.
(9) Continuing to practice after suspension or revocation of license.
(10) A violation of any order issued by the board.
(11) Engaging in the incompetent practice of chiropractic.
(12) Aiding the unauthorized practice of chiropractic.
(13) Advertising in any manner which violates the rules and regulations established by the board.
(14) A violation of any of the provisions of this article or any rule or regulation adopted by the board.
(15) Patient abandonment.
(16) The suspension, revocation, or probation by another state of a license to practice chiropractic or permit to operate or own a chiropractic office or practice. A certified copy of the record of suspension, revocation, or probation shall be conclusive evidence of the suspension, revocation, or probation.
(17) The inability to practice chiropractic with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
(c)(1) The Board of Chiropractic Examiners shall establish rules and regulations which shall govern the practice of chiropractic and shall detail prohibited acts stated in this article. The board shall have the power and it shall be its duty as a consumer protection agency to impose any of the sanctions set forth in subdivision (2) against any licensee or permit holder upon a determination of guilt of any of the above enumerated grounds.
(2) When the board finds any licensee or permit holder guilty of any of the grounds set forth in subsection (b), the board may enter an order imposing one or more of the following penalties:
a. Revoke the license to practice chiropractic or permit.
b. Suspend the license to practice chiropractic or permit.
c. Enter a censure on the license or permit.
d. Issue an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensee or permit holder.
e. Impose an administrative fine not to exceed eight thousand dollars ($8,000) for each count or separate offense.
f. Impose restrictions on the scope of practice.
g. Impose peer review or professional education requirements.
h. Assess the costs of the disciplinary proceedings.
i. Issue a reprimand.
j. Assess the costs for the monitoring of any licensee or permit holder as ordered by the board.
(3) Failure to comply with any final order of the board, including, but not limited to, an order of censure or probation, is cause for suspension or revocation of the license or permit.
(d) The board may in an emergency situation, when danger to the public health, safety, and welfare requires, suspend any license or permit without a hearing or with an abbreviated hearing in accordance with the following sections of this article.
(e) Any person who engages in the unlawful practice of chiropractic, or who violates any provision of this chapter, shall be guilty of a Class C misdemeanor.
(f)(1) When the issue is whether or not a licensee is physically or mentally capable of practicing chiropractic with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the licensee is not capable of practicing chiropractic with reasonable skill and safety to patients, the board may order and direct the licensee in question to submit to a physical, mental, or laboratory examination, or any combination thereof, to be performed by a physician designated or approved by the board. The expense of the examination shall be borne by the licensee who is examined. The board may collect and expend funds available to the board as necessary to adequately provide for the operational expenses of the wellness program.
(2) Every person issued a license to practice chiropractic in this state or issued a permit in this state upon a showing of probable cause as provided in subdivision (1), shall be deemed to have given consent to submit to a mental, physical, or laboratory examination, or to any combination thereof, and to waive all objections to the admissibility of the testimony or examination reports of the examining physician on the ground that the reports constitute privileged doctor-patient communications.
(g) It shall be the duty and obligation of the board to promote the early identification, intervention, treatment, and rehabilitation of chiropractors licensed to practice in the state who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition. The board may enter into an agreement for any of the following:
(1) Contracting with providers for treatment programs.
(2) Receiving and evaluating reports of suspected impairment from any source.
(3) Intervening in cases of verified impairment.
(4) Referring impaired chiropractors to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired chiropractors.
(6) Providing post-treatment monitoring and support of rehabilitated impaired chiropractors.
(h) All information, interviews, reports, statements, memoranda, or other documents furnished to the board are confidential and shall be used by the board only in the exercise of the proper function of the board and shall not be public records nor available for court subpoena or for discovery proceedings.
(Acts 1959, No. 108, p. 612, §12; Acts 1969, No. 609, p. 1114, §1; Acts 1989, No. 89-237, p. 321, §2; Act 2003-352, p. 921, §1; Act 2006-553, p. 1271, §1; Act 2013-414, p. 1568, §1; Act 2015-275, §1.)
(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. Delivery of the notice referred to in this subsection shall constitute commencement of the contested case proceeding.
(b) The notice shall include:
(1) A statement of the time, place, and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the statutes and rules involved;
(4) A short and plain statement of the matters asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished; and
(5) The summons and complaint shall be mailed at least 35 days prior to the scheduled date of the hearing. The board may specify in its rules and regulations the period for reasonable notice in the event service is refused or returned.
(c) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and make a decision in the absence of the party.
(d) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved and to be represented by counsel at their own expense.
(e) Informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order or default or by another method agreed upon by the parties in writing. The attorney for the State Board of Chiropractic Examiners shall have the authority to make any settlement offer to any respondent in a disciplinary proceeding. Such offer shall not be binding upon the State Board of Chiropractic Examiners.
(f) The record in a contested case shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) All evidence received or considered and all other submissions;
(3) A statement of all matters officially noticed;
(4) All questions and offers of proof, objections, and rulings thereon;
(5) All proposed findings and exceptions;
(6) Any decision, opinion, or report by the hearing officer at the hearing; and
(7) All staff memoranda or data submitted to the hearing officer or members of the board in connection with their consideration of the case.
(g) Oral proceedings shall be open to the public. Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the board for at least five years from the date of the decision and shall be made available for inspection by the public, except in those cases where the proceedings shall be ordered sealed by order of the court.
(Acts 1959, No. 108, p. 612, §13; Acts 1989, No. 89-237, p. 321, §2.)
The board shall specify in its rules and regulations specific guidelines to govern all hearings.
(Acts 1959, No. 108, p. 612, §14; Acts 1989, No. 89-237, p. 321, §2; Act 2013-414, p. 1568, §1.)
The board shall specify in its rules and regulations a schedule of costs or fines, or both, to be imposed upon any person or permit holder who has been found guilty of a violation of Sections 34-24-166 or 34-24-161(f), each not to exceed eight thousand dollars ($8,000) per violation.
(Acts 1959, No. 108, p. 612, §16; Acts 1989, No. 89-237, p. 321, §2; Act 2003-352, p. 921, §1; Act 2013-414, p. 1568, §1.)
[Repealed]
Repealed by Act 2015-275 effective August 1, 2015.
(Acts 1959, No. 108, p. 612, §18; Acts 1989, No. 89-237, p. 321, §2; Act 2003-352, p. 921, §1; Act 2013-414, p. 1568, §1.)
In contested cases:
(1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Except as hereinafter provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever any evidence is excluded as inadmissible, all such evidence existing in written form shall remain a part of the record as an offer of proof. The party seeking the admission of oral testimony may make an offer of proof by means of a brief statement on the record describing the testimony excluded. All rulings on the admissibility of evidence shall be final and shall appear in the record. Subject to these requirements, when a hearing will be expedited and interests of the parties will not be prejudiced substantially, any part of the evidence may be received or may be required to be submitted in verified form; provided, the adversary party shall not be denied the right of cross-examination of the witness. The testimony of the parties and witnesses shall be made under oath.
(2) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the board. Upon request, parties shall be given an opportunity to compare the copy with the original.
(3) A party may conduct cross-examination required for a full and true disclosure of the facts, except as otherwise limited by law.
(4) Official notice may be taken of all facts of which judicial notice may be taken and of other scientific and technical facts within the specialized knowledge of the board.
(5) The experience, technical competence, and specialized knowledge of the board may be utilized in the evaluation of the evidence.
(6) The board’s interpretation of its own rules and regulations in contested cases shall be final and conclusive and shall not be set aside upon judicial review.
(7) The board shall have the power to issue subpoenas and to compel the attendance of any witness or the production of any book, writing, or other document in the possession, custody, or control of any person. Any person refusing to produce any book, writing, or other document or to appear to testify, without legal excuse, at such hearing of the board, after having been served with a subpoena issued by the board, shall be guilty of contempt; and upon certification of such act by the board to the judge of the circuit court of whose jurisdiction the hearing is held or is to be held, the judge shall punish the same as though committed before him.
(Acts 1989, No. 89-237, p. 321, §2.)
(a) The final order in a proceeding shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 45 days:
(1) After the hearing is concluded, if conducted by the board;
(2) After the board accepts any proposed findings of fact and conclusions of law or proposed final order from any party in a disciplinary hearing;
(3) After a recommended order, or findings and conclusion are submitted to the board and mailed to all parties, if the hearing is conducted by a hearing officer; or
(4) The 45-day period may be waived or extended with the consent of all parties.
(b) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, shall be accompanied by a statement of the underlying facts of record which support the findings.
(c) If the board finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts underlying such findings in the final order, which shall be appealable or enjoinable from the date rendered.
(d) Parties shall be notified either personally or by certified mail return receipt requested of any order and, unless waived, a copy of the final order shall be so delivered or mailed to each party or to his or her attorney of record.
(Acts 1989, No. 89-237, p. 321, §3.)
(a) Any party whose license or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing to exhaust his or her remedies available from the board.
(b) Any party sanctioned as provided herein, may file a petition for judicial review in the circuit court where the board office is located. The filing of the petition must be within 30 days of the date of the board’s final decision.
(c) Within 30 days after receipt of the petition for judicial review or within such additional time as the court may allow, the board shall transmit to the reviewing court the original or a certified copy of the entire record and transcript of the proceedings under review. Any party seeking judicial review of any sanction imposed by the board shall be responsible for all costs associated with preparation, transcription, reproduction, and transmittal of the proceedings under review.
(d) Other than specified in this statute, any judicial review of the board’s final decision shall be conducted in accordance with the provisions for review of final agency decisions of contested cases in Sections 41-22-20 and 41-22-21.
(Acts 1989, No. 89-237, p. 321, §4; Act 2013-414, p. 1568, §1.)
Except as otherwise provided in subsection (b) or (c) of Section 34-24-165, any chiropractor who desires to return to the active practice of chiropractic shall submit an application for reinstatement accompanied by a nonrefundable reinstatement fee and a penalty. The amount of the reinstatement fee and penalty shall be established by rule of the board. The applicant shall possess good moral character and meet the educational requirements existing at the time of his or her initial licensing. The board, as a condition of reinstatement, may require the completion of a designated number of continuing education hours, the successful completion of refresher courses at a board approved accredited chiropractic college, or the passing of a law exam, or all of the above if required by the board.
(Acts 1989, No. 89-237, p. 321, §5; Act 2003-352, p. 921, §1; Act 2013-414, p. 1568, §1; Act 2015-275, §1.)
The board shall not renew the annual certificate of registration as set forth in Section 34-24-123, 34-24-165, or 34-24-176 of any licensee or permit holder against whom an administrative fine has been assessed by the board until the fine is paid in full. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act, the licensee or permit holder shall be entitled to a prompt refund of the amount of the fine, but shall not be entitled to interest thereon. If any order issued by the board or if any agreement between the board and any licensee or permit holder allows for the payment of fines or costs in installments, the licensee or permit holder shall be allowed to renew his or her license or permit provided the payments are current.
(Act 2006-295, p. 602, §2; Act 2015-275, §1.)
This article may be cited as the Physical Therapy Practice Act.
(Acts 1965, No. 476, p. 686, §1.)
(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.
(Acts 1965, No. 476, p. 686, §2; Acts 1969, No. 622, p. 1128, §1; Acts 1982, No. 82-189, p. 218, §4; Act 2012-260, p. 502, §1; Act 2012-387, p. 1036, §1; Act 2023-480, §1; Act 2024-385, §1.)
(a) Composition; appointment and terms of members. The Board of Physical Therapy shall consist of seven members. Four members shall be physical therapists, two members shall be physical therapist assistants, and one member shall be a consumer. The members shall be appointed by the Governor from a list of five persons nominated for each place on the board by the current licensees and certified to him or her by the board. The four physical therapist members shall be nominated from the congressional districts. The physical therapist assistant members shall be nominated from the northern and southern areas of the state. The consumer member shall be nominated from the state at large. For the purpose of preparing the list of five names for each position on the board, the board shall request nominations from vacant or potentially vacant congressional districts. In the event that five names are not received, the board shall request nominations from the state at large. The board shall conduct an annual meeting at which all physical therapists and physical therapist assistants holding a current license as identified under this article shall have the right to attend, nominate, and vote. The board may regulate and prescribe the date, hour, and place of the meeting, the method of nomination, and the manner of voting. At least 30 days prior to the meeting the board shall mail notices to each current licensee, at the address shown on his or her current registration, notifying him or her of the exact date, hour, and place of the meeting, the purpose of the meeting, and of his or her right to attend and vote. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Whenever possible, a congressional district shall not be represented by two physical therapists. The board members shall be appointed for staggered terms of five years each, so that at least one member’s term expires each year. As each member’s term expires, the board shall provide a method of nominating members to the board so that each congressional district in the state is potentially represented on the board whenever possible. No person shall be appointed for more than two consecutive terms.
(b) Qualifications of members. Each physical therapist or physical therapist assistant board member shall possess all the following qualifications:
(1) Be a resident and citizen of this state.
(2) Have practiced physical therapy, or acted as a physical therapist assistant, within the State of Alabama for the three years preceding his or her appointment.
(3) Have no disciplinary action against his or her license for the three years preceding his or her appointment.
(c) Vacancies. In the event of a vacancy within one year of the annual meeting at which the list containing his or her name was compiled, the Governor shall fill the vacancy by selecting another name from the remaining names on the list prepared pursuant to subsection (a). Any vacancy, other than one occurring prior to the next annual meeting after the initial appointment is made, shall be filled by appointment of the Governor from a list of five nominees submitted by the current licensees of the board.
(d) Officers; compensation and expenses of members. The board shall designate one of its members as chair, one as secretary, and one as treasurer. Members of the board shall receive a fee for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed according to the state travel policy for their other expenses in the same amounts and under the same conditions as state employees are reimbursed. The exact amount of the above-mentioned fee shall be fixed by the board.
(Acts 1965, No. 476, p. 686, §4; Acts 1969, No. 622, p. 1128, §3; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1989, No. 89-232, p. 284, §3; Acts 1997, No. 97-386, p. 617, §3; Act 2001-254, p. 306, §3; Act 2009-27, p. 87, §3; Act 2010-703, p. 1704, §1.)
(a) The board shall have the following duties:
(1) To pass upon the qualifications of applicants for licensing as physical therapists or physical therapist assistants.
(2) To conduct examinations.
(3) To issue licenses and license renewals to physical therapists and physical therapist assistants qualifying under this article.
(4) To suspend or revoke as necessary the license or compact privilege of such individuals.
(b) The board shall adopt rules not inconsistent with law as it may deem necessary for the performance of its duties, however the board shall not adopt any rules that require a physical therapist assistant to be within sight of a consulting physical therapist or a physical therapist supervisor while working under the direction of that physical therapist, or adopt any rules or issue any orders inconsistent with Section 34-24-217(b). The board shall maintain a listing of the name of every living physical therapist and physical therapist assistant licensed or granted a compact privilege in this state, his or her last known place of business and last known place of residence, and the date and number of his or her license.
(c) The board shall compile a list of physical therapists and physical therapist assistants licensed to practice or granted a compact privilege in this state, and the list shall be available to any person upon application to the board and the payment of a fee as may be fixed by the board.
(d) The board may establish and collect a fee for the issuance of a compact privilege.
(e) Subject to the provisions of Section 34-24-195, the board may make such expenditures and employ such personnel as it may deem necessary for the administration of this article.
(f) The board shall hire and establish the responsibilities and salary of an executive director.
(g) The board may establish and collect a fee for certifying to other boards or entities that a licensee is a member in good standing with the Alabama board.
(h) The board may collect a fee from providers of continuing education programs.
(i) The board may discipline its licensees and compact privilege holders by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation, and may institute any legal proceedings necessary to effect compliance with this chapter.
(j)(1) The board shall provide for an impaired practitioner program beginning January 1, 2014.
(2) The board shall promote the early identification, intervention, treatment, and rehabilitation of physical therapy licensees or compact privilege holders who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
(3) In order to carry out this obligation, the board may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee to be designated the Alabama Physical Therapy Wellness Committee. The committee shall be selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The funds provided by the board for the purpose of operating expenses are not subject to any provision of law requiring competitive bidding.
(4) The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:
a. Contracting with providers of treatment programs.
b. Receiving and evaluating reports of suspected impairment from any source.
c. Intervening in cases of verified impairment.
d. Referring impaired physical therapy licensees or compact privilege holders to treatment programs.
e. Monitoring the treatment and rehabilitation of impaired physical therapy licensees or compact privilege holders.
f. Providing post-treatment monitoring and support of rehabilitated impaired physical therapy licensees or compact privilege holders.
g. Performing other activities as agreed by the board and the committee.
(5) The committee shall develop procedures in consultation with the board for all of the following:
a. Periodic reporting of statistical information regarding impaired physical therapy licensee program activity.
b. Periodic disclosure and joint review of all information the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report. The committee may not disclose any personally identifiable information except as otherwise provided in this article.
(6) Any individual appointed to serve as a member of the committee and any auxiliary personnel, consultant, attorney, or other volunteer or employee of the committee taking any action authorized by this article, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or other entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(7) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceeding of the committee is privileged and confidential. All records and proceedings of the committee pertaining to an impaired physical therapy licensee or compact privilege holder are confidential and shall be used by the committee and the members of the committee only in the exercise of the proper function of the committee and shall not be public record nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired physical therapy licensee or compact privilege holder, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only. Nothing contained in this subdivision shall apply to records made in the regular course of business of a physical therapy licensee and any information, document, or record otherwise available from an original source is not to be construed as immune from discovery or use in any civil proceeding merely because it is presented or considered during proceedings of the committee.
(8) The committee shall render an annual report to the board concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any physical therapy licensee or compact privilege holder who in the opinion of the committee is unable to perform physical therapy duties with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition when it appears that the physical therapy licensee or compact privilege holder is currently in need of intervention, treatment, or rehabilitation and the individual has failed or refused to participate in any program of treatment or rehabilitation recommended by the committee. A report to the Alabama committee shall be deemed a report to the board for the purposes of any mandated reporting of impairment of a licensee or compact privilege holder otherwise provided for by law.
(9) If the board has reasonable cause to believe that a physical therapy licensee or compact privilege holder is impaired, the board may cause an evaluation of that individual to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.
(Acts 1965, No. 476, p. 686, §5; Acts 1969, No. 622, p. 1128, §4; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1989, No. 89-232, p. 284, §3; Act 2007-386, p. 773, §1; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)
(a) Any person may file a complaint with the board against any licensed physical therapist, licensed physical therapist assistant, or compact privilege holder in the state charging the individual with a violation of this article. The complaint shall set forth specifications of charges in sufficient detail 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 executive director of the board shall mail a copy thereof to the accused by registered mail at his or her address of record, with a written notice of the time and place of a hearing of the complaint, advising the accused that he or she may be present in person and by counsel if he or she so desires to offer testimony and evidence in his or her defense.
(b) The board may issue subpoenas and compel the attendance of any witness or the production of any book, writing, or other documentation in the possession, custody, or control of any person. Any person refusing to produce any book, writing, or other documentation or to appear to testify, without legal excuse, at a hearing of the board, after having been served with a subpoena issued by the board requiring the person to appear, produce any book, writing, or other form of documentation or testify at the hearing, shall be guilty of contempt. Upon certification of the act of contempt by the board to the judge of the circuit court in whose jurisdiction the hearing is held or is to be held, the judge shall punish the contempt as though committed before the judge. The accused party, on application to the board, shall be furnished by the board with a subpoena for any witness in his or her behalf or for the production of any book, writing, or other documentation to be used in his or her behalf at the hearing.
(c) At the hearing, the board shall receive evidence upon the subject matter under consideration and shall accord the accused individual a full and fair opportunity to be heard in his or her defense. The board shall not be bound by strict or technical rules of evidence, but shall consider all evidence fully and fairly except, that all oral testimony considered by the board must be under oath. If the board is convinced that the licensee or compact privilege holder has violated this article, it may revoke his or her license.
(d) The action of the board in revoking or refusing to issue a license or compact privilege may be reviewed by the Circuit Court of Montgomery County by a writ of mandamus, accompanied by a bond to be approved by the court, to determine whether the board acted arbitrarily, capriciously, or illegally. The review procedure provided in this subsection shall not suspend the action of the board in the revocation or refusal of a license.
(e) The board may restrict a license or compact privilege and may require a licensee or compact privilege holder to report regularly to the board on matters related to the reasons for the restricted license.
(Acts 1965, No. 476, p. 686, §13; Acts 1969, No. 622, p. 1128, §12; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3; Acts 1993, No. 93-154, p. 228, §3; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)
All fees collected by the board shall be paid into the State Treasury and credited to a special fund designated as the “Physical Therapist Fund.” There is hereby appropriated to the board all funds appropriated, or otherwise made available, to the board by the Legislature of Alabama, the Congress of the United States, or by any other source for the purpose of carrying out this article, and the board shall have power to direct the disbursement of all money collected hereunder. All expenditures authorized shall be paid for out of the fund on vouchers certified by the executive director of the board.
(Acts 1965, No. 476, p. 686, §14; Act 2012-387, p. 1036, §1.)
(a) Each violation of Section 34-24-210 shall be punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not less than 30 days nor more than 90 days, or both.
(b) Any individual who knowingly makes a false statement in his or her application for a license or compact privilege under this article, or in response to any inquiry by the board, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than 30 days nor more than 90 days, or both.
(Acts 1965, No. 476, p. 686, §15; Acts 1969, No. 622, p. 1128, §13; Act 2023-480, §1.)
(a) License or compact privilege required. No individual shall practice nor hold himself or herself out to be able to practice physical therapy in this state unless he or she is licensed or has been granted a compact privilege in accordance with this chapter.
(b) License or compact privilege required. No individual shall act nor hold himself or herself out as being able to act as a physical therapist assistant unless he or she is licensed or has been granted a compact privilege in accordance with this article.
(c) Other healing arts not affected. Nothing in this article shall prohibit any individual licensed to practice any other of the healing arts in this state under any other law from engaging in the practice for which he or she is licensed.
(Acts 1965, No. 476, p. 686, §3; Acts 1969, No. 622, p. 1128, §2; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)
(a) A physical therapist may not treat patients without a referral from a physical therapy referrer unless the physical therapist possesses a doctorate in physical therapy or a master’s degree from an accredited institution along with 10 years of clinical practice experience and is licensed as a physical therapist in this state having passed the examination of the Federation of State Boards of Physical Therapy.
(b) In addition to the requirements of Section 34-24-216, a physical therapist shall annually complete an additional two hours of continuing education focusing on the professional standard of care.
(c) In treating a patient, the physical therapist shall exercise the reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.
(d)(1) Except as otherwise provided in this section, and except with respect to patients seeking treatment for work-related injuries, infirmities, diseases, or conditions which do not provide any basis for establishing a claim or right to recover under the Alabama’s Workers Compensation Act, Section 25-5-1 et seq., a physical therapist meeting the educational requirements of subsection (a) without a referral may perform an initial screening evaluation or consultation for patients with non-work related injuries, infirmities, diseases, or conditions to determine the need for physical therapy, establish a plan of care, and initiate physical therapy services without a referral. An individual seeking treatment for physical therapy services who is paying cash shall have direct access without restriction.
(2) A physical therapist meeting the educational requirements of subsection (a) may perform physical therapy on a patient without a referral from a physical therapy referrer. If the patient does not have a beneficial response to the physical therapy in 30 calendar days, or 11 visits, whichever occurs first, the patient shall be referred to a health care provider as appropriate. These treatment limitations shall not apply to any of the following:
a. A child with a diagnosed developmental disability pursuant to the plan of care for the child developed by a physical therapy referrer.
b. A patient of a home health agency pursuant to the agency’s plan of care for the patient.
c. A patient of a nursing home pursuant to the plan of care for the patient developed by the medical staff of the nursing home.
d. A patient previously diagnosed with a chronic condition for which physical therapy services are appropriate after informing the physical therapy referrer rendering the diagnosis. The diagnosis shall have been made within the immediately preceding 120 days. The physical therapist shall provide the physical therapy referrer with a plan of care for physical therapy services within the first 15 days of treatment.
e. Education or activities in a wellness setting relating to conditioning for the purpose of prevention of injury, reduction of stress, or promotion of fitness.
(e) The physical therapist shall immediately refer a patient to other health care providers upon a measurable deterioration in the patient’s condition.
(f) A physical therapist treating a patient referenced in subdivision (d)(2) without a referral from a physical therapy referrer, prior to beginning treatment, shall provide written disclosure to the patient that the physical therapist’s assessment is not a medical diagnosis and is not based on any radiologic or medical imaging.
(g) Failure of a physical therapist to timely refer the patient to a physical therapy referrer when the patient exhibits or develops signs, symptoms, or conditions requiring treatment beyond the scope of practice of physical therapy shall constitute unprofessional conduct under the rules of the board.
(h) A physical therapist is prohibited from doing any of the following:
(1) Practicing medicine, osteopathy, dentistry, or chiropractic medicine.
(2) Ordering or interpreting any form of radiologic or medical imaging.
(3) Ordering or interpreting any diagnostic testing, including clinical laboratory tests.
(4) Ordering any type of medical procedure.
(5) Ordering, prescribing, or administering any prescription medication or drug; however, a physical therapist may administer topical medications for which a prescription is not required or for which the patient has a valid order or prescription.
(6) Admitting or discharging a patient from any health care facility licensed in this state.
(7) Performing physical therapy on any individual who suffered a concussion within the previous 45 days, unless cleared for physical therapy by a physician licensed to practice medicine or osteopathy.
(8) Performing sports physicals on or certifying a student athlete as capable of returning to play; however, a physical therapist may assist in sports physicals performed by licensed physicians or in assessing the extent of movement dysfunctions for student athletes to return to play when no other conditions exist.
(9) Performing physical therapy on any individual who has undergone a surgical procedure for a diagnosed condition within the previous 90 days without a referral from a physical therapy referrer; provided, this subdivision does not prevent an individual from seeking treatment for any other treatment unrelated to the surgical procedure.
(10) Directing or supervising more than four physical therapy assistants at one time.
(i) No physical therapy referrer shall be civilly liable for any act, omission, advice, care, or service provided by a physical therapist or other individual providing physical therapy services without a referral.
(j) For any physical therapist treating a patient without a referral from a physical therapy referrer, the physical therapist shall maintain professional liability insurance at a limit of no less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in aggregate. The board may adopt rules to increase, but may not decrease, the minimum professional liability insurance carried by a physical therapist treating a patient without a referral from a physical therapy referrer.
(k) A physical therapist possessing a doctoral degree may not use the terms “doctor” in any advertisements, representations, or statements made to the public related to the provision of physical therapy unless immediately followed by “Doctor of Physical Therapy”, “DPT”, or “PT” in the same size type and font.
(l) Nothing in this section shall permit a licensed athletic trainer employed by a physical therapist to operate outside of his or her respective scope of practice, or in conflict with the Alabama Athletic Trainers Licensure Act, including requirements to work under the direction of a licensed physician. A physical therapist may not require a licensed athletic trainer who is employed by the physical therapist to provide athletic training services to refer patients to the clinic or facility where the physical therapist is employed.
(m) Nothing contained in this section shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6 of Chapter 20, Title 10A, commencing with Section 10A-20-6.01, provide coverage or reimbursement for the services described or authorized in this section.
(Act 2012-260, p. 502, §2; Act 2023-480, §1; Act 2024-385, §2.)
(a) An applicant for licensure as a physical therapist or as a physical therapist assistant shall file a written application on forms provided by the board together with a fee as set by the board, no part of which shall be refundable. The applicant shall present evidence satisfactory to the board that he or she is of good moral character and has completed a program of physical therapy education appropriate for training a physical therapist or a physical therapist assistant approved by the board or a nationally recognized accrediting agency. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government.
(b) On and after June 1, 2021, an applicant for licensure as a physical therapist or a physical therapist assistant shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant.
(Acts 1965, No. 476, p. 686, §6; Acts 1969, No. 622, p. 1128, §5; Acts 1982, No. 82-189, p. 218, §4; Act 2009-27, p. 87, §3; Act 2012-387, p. 1036, §1; Act 2021-115, §13; Act 2023-480, §1.)
(a) Generally. The board shall give an appropriate physical therapy examination and a jurisprudence examination to every applicant who complies with Section 34-24-211 and who pays the fee prescribed for the examination. Examinations shall be held within the state at least once each year, at such times and places as the board determines. A practical or demonstration examination may be required at the discretion of the board when an applicant is retaking a written examination after previously having failed such an examination.
(b) Physical therapist. The physical therapy examination given applicants for licensure as a physical therapist shall be a written examination approved by the board to test the applicant’s knowledge of the basic and clinical sciences as they relate to the practice of physical therapy, physical therapy theory and procedures, and such other subjects as the board may deem useful to test the applicant’s fitness to practice physical therapy. The board shall also administer a jurisprudence examination to applicants for licensure as a physical therapist, which shall be a written examination approved by the board to test the applicant’s knowledge of the laws and rules of the State of Alabama as they relate to the practice of physical therapy and such other subjects as the board may deem useful to test the applicant’s knowledge of applicable law. A practical or demonstration examination may be required if so determined by the board. The board may waive the requirement for a jurisprudence examination.
(c) Physical therapist assistant. The physical therapy examination given applicants for licensure as physical therapist assistant shall be a written examination approved by the board to test the applicant’s knowledge of the basic and clinical sciences as they relate to the practice of physical therapy, physical therapy theory and procedures, and such other subjects as the board may deem useful to test the applicant’s fitness to act as a physical therapist assistant. The board shall also administer a jurisprudence examination to applicants for licensure as a physical therapist assistant, which shall be a written examination approved by the board to test the applicant’s knowledge of the laws and rules of the State of Alabama as the laws and rules relate to the practice of physical therapy, and such other subjects as the board may deem useful to test the applicant’s knowledge of applicable law. A practical or demonstration examination may be required if so determined by the board. The board may waive the requirement for a jurisprudence examination.
(d) Foreign educated physical therapist. Any foreign educated physical therapist who plans to practice in the state must have their educational credentials evaluated by a recognized educational evaluation agency and have that agency send their report directly to the board. The board shall determine the acceptability of equivalency in educational preparation. If the board determines the education to be acceptable, the routine application process shall be followed.
(e) Compact privilege applicants. Individuals purchasing a compact privilege for the State of Alabama shall pass the jurisprudence examination required of licensed physical therapists or licensed physical therapist assistants before the privilege is issued by the commission.
(f) By January 1, 2024, the board shall adopt rules to implement this chapter.
(Acts 1965, No. 476, p. 686, §7; Acts 1969, No. 622, p. 1128, §6; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)
The board shall issue a license to each applicant who passes the appropriate examination for licensure as a physical therapist or licensure as a physical therapist assistant in accordance with standards fixed by it and who is not disqualified to receive a license under Section 34-24-217.
(Acts 1965, No. 476, p. 686, §8; Acts 1969, No. 622, p. 1128, §7; Acts 1982, No. 82-189, p. 218, §4; Act 2012-387, p. 1036, §1; Act 2023-480, §1.)
Upon payment to the board of a fee set by the board and the submission of a written application on forms provided by the board, the board shall issue a license without examination to:
(1) An individual who is qualified within the meaning of this article as a physical therapist by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing or registration in such state, possession, or district were at the date of his or her licensing or registration by that state substantially equal to the requirement for the initial licensing of individuals practicing physical therapy when this article became effective, August 20, 1965, or for licensing by examination prepared by the professional examining service as set forth in this article and any additional requirements prescribed by the board.
(2) An individual who is qualified within the meaning of this article as a physical therapist assistant by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing in such state, possession, or district were at the date of his or her licensing by that state substantially equal to the requirements set forth in this article.
(Acts 1965, No. 476, p. 686, §9; Acts 1966, Ex. Sess., No. 238, p. 360, §1; Acts 1969, No. 622, p. 1128, §8; Acts 1982, No. 82-189, p. 218, §4; Act 2023-480, §1.)
(a) On payment to the board of a fee set by the board, and on submission of a written application on forms provided by the board, the applicant shall be issued without examination a temporary license to practice physical therapy or to act as a physical therapist assistant in this state for a period not to exceed one year, if the person meets the qualifications set forth in Section 34-24-211 and submits evidence satisfactory to the board that he or she is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. Such special projects may be research and education programs. Each request will be judged by the board on its individual merits.
(b) Upon the submission of a written application on forms provided by the board, a person who has applied for a license under the provisions of Section 34-24-211 and who is, in the judgment of the board, eligible to take the examination provided for in Section 34-24-212, may be issued a temporary license by the board. Such temporary license shall be available to an applicant only with respect to his or her first application for a license under Section 34-24-211, and such license shall expire when the board makes a determination with respect to the application.
(Acts 1965, No. 476, p. 686, §10; Acts 1969, No. 622, p. 1128, §9; Acts 1982, No. 82-189, p. 218, §4; Acts 1985, No. 85-334, p. 268, §3.)
(a) All licenses issued by the board to physical therapists and physical therapist assistants shall expire on the first day of October of the year next succeeding the issuance thereof. A license may be renewed on the payment, on or before November first of each year, to the board of a fee set by the board. A license which has expired may, within five years of its expiration date, be renewed on the payment to the board of a fee set by the board for each year or part thereof during which the license was ineffective and the payment of a restoration fee set by the board. After the five-year period, a license may be obtained only by complying with the provisions hereinabove relating to the issuance of an original license.
(b) The board shall adopt a program of continuing education for its licensees not later than October 1, 1991. After such date, successful completion of the annual continuing education program shall be a requisite for the renewal of licenses issued pursuant to this chapter.
(c) Provided, however, under the provisions of this chapter, continuing education shall not result in a passing or failing grade.
(Acts 1965, No. 476, p. 686, §12; Acts 1969, No. 622, p. 1128, §11; Acts 1982, No. 82-189, p. 218, §4; Acts 1989, No. 89-232, p. 284, §§3, 4.)
(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.
(Acts 1965, No. 476, p. 686, §12; Acts 1969, No. 622, p. 1128, §11; Acts 1982, No. 82-189, p. 218, §4; Act 2007-386, p. 773, §1; Act 2012-260, p. 502, §1; Act 2012-387, §1; Act 2023-480, §1.)
(a) This article shall be known and may be cited as the Physical Therapy Licensure Compact. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states’ ability to protect public health and safety.
(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable under that state’s practice standards.
(Act 2021-115, §1.)
As used in this article, and except as otherwise provided, the following terms have the following meanings:
(1) ACTIVE DUTY MILITARY. Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.
(2) ADVERSE ACTION. Disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or both.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board, including, but not limited to, substance abuse issues.
(4) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another member 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 member state where the patient/client is located at the time of the patient/client encounter.
(5) CONTINUING COMPETENCE. A requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
(6) DATA SYSTEM. A repository of information about licensees, including examination, licensure, investigative information, compact privilege, and adverse action.
(7) ENCUMBERED LICENSE. A license that a physical therapy licensing board has limited in any way.
(8) EXECUTIVE BOARD. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(9) HOME STATE. The member state that is the licensee’s primary state of residence.
(10) INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
(11) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.
(12) LICENSEE. An individual who currently holds an authorization from a state to practice as a physical therapist or to work as a physical therapist assistant.
(13) MEMBER STATE. A state that has enacted this compact.
(14) PARTY STATE. Any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
(15) PHYSICAL THERAPIST. An individual who is licensed by a state to practice physical therapy.
(16) PHYSICAL THERAPIST ASSISTANT. An individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy.
(17) PHYSICAL THERAPY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted this compact.
(18) PHYSICAL THERAPY, PHYSICAL THERAPY PRACTICE, or THE PRACTICE OF PHYSICAL THERAPY. The care and services provided by or under the direction and supervision of a licensed physical therapist.
(19) PHYSICAL THERAPY LICENSING BOARD or LICENSING BOARD. The agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
(20) REMOTE STATE. A member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(21) RULE. A regulation, principle, or directive adopted by the commission that has the force of law.
(22) STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of physical therapy.
(Act 2021-115, §2.)
(a) To participate in the compact, a state shall do all of the following:
(1) Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules.
(2) Have a mechanism in place for receiving and investigating complaints about licensees.
(3) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b).
(5) Comply with the rules of the commission.
(6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.
(7) Have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this compact, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(d) Member states may charge a fee for granting a compact privilege.
(Act 2021-115, §3.)
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall meet all of the following requirements:
(1) Hold a license in the home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state in accordance with subsections (g) and (h).
(4) Have not had any adverse action against any license or compact privilege within the previous two years.
(5) Notify the commission that the licensee is seeking the compact privilege within a remote state or states.
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege.
(8) Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and rules of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary action to protect the health and safety of its residents. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee shall meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(g) If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in every remote state until all of the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid.
(3) Two years have elapsed from the date of the adverse action.
(h) Once the requirements of subsection (g) have been met, the licensee shall meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
(Act 2021-115, §4.)
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
(1) Home of record.
(2) Permanent Change of Station (PCS).
(3) State of current residence if it is different from the PCS state or home of record.
(Act 2021-115, §5.)
(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote state, provided that the home state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states shall require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(d) Any member state may investigate actual or alleged violations of the laws and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(e) A remote state may do all of the following:
(1) Take adverse action as set forth in subsection (d) of Section 3424220.03 against a licensee’s compact privilege in the state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a physical therapy 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 where the witnesses or evidence are located.
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint investigations.
(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(Act 2021-115, §6.)
(a) The compact member states shall create and establish a joint public agency known as the Physical Therapy Compact Commission.
(1) The commission is an instrumentality of the compact member states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
(2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring in the commission.
(5) Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have all of the following powers and duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the bylaws.
(4) Meet and take such actions as are consistent with this compact and the bylaws.
(5) Adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.
(6) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(16) Provide and receive information from, and cooperate with, law enforcement agencies.
(17) Establish and elect an executive board.
(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with state regulation of physical therapy licensure and practice.
(d) The executive board.
(1) The executive board may act on behalf of the commission according to the terms of this compact.
(2) The executive board shall be composed of nine members as follows:
a. Seven voting members who are elected by the commission from the current membership of the commission.
b. One ex officio, nonvoting member from the recognized national physical therapy professional association.
c. One ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
(3) The ex officio members shall be selected by their respective organizations.
(4) The commission may remove any member of the executive board as provided in the bylaws.
(5) The executive board shall meet at least annually.
(6) The executive board shall have all of the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, to this compact, to legislation, to fees paid by compact member states such as annual dues, and to any commission compact fee charged to licensees for the compact privilege.
b. Ensure compact administration services are appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the commission.
e. Monitor compact compliance of member states and provide compliance reports to the commission.
f. Establish additional committees as necessary.
g. Perform other duties as provided in rules or bylaws.
(e) Meetings of the commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-24-220.08.
(2) The commission or the executive board or other committee of the commission may convene in a closed, non-public meeting if the commission or executive board or other committee of the commission must discuss any of the following:
a. Non-compliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.
c. Current, threatened, or reasonably anticipated litigation.
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
e. Accusing any person of a crime or formally censuring any person.
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
h. Disclosure of investigative records compiled for law enforcement purposes.
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
j. Matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this section, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula adopted by rule of the commission, and binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(Act 2021-115, §7.)
(a) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensees in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all licensees to whom this compact is applicable as required by the rules of the commission, including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Non-confidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason or reasons for the denial.
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other party states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
(Act 2021-115, §8.)
(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 shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(c) Rules or amendments to rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to 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 both of the following:
(1) The website of the commission or other publicly accessible platform.
(2) The website of each member state physical therapy 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 will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule or amendment.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to 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 via 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 on request.
(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 is 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 adoption 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 subdivision, an emergency rule is one that must be adopted immediately in order to do 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.
(4) Protect public health and safety.
(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.
(Act 2021-115, §9.)
(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 purposes and intent of this compact. This compact and the rules adopted hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of this 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 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 adopted rules, the commission shall do both of the following:
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.
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 litigation, including reasonable attorney’s 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 United States 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 this 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’s 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.
(Act 2021-115, §10.)
(a) This compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins this compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2021-115, §11.)
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
(Act 2021-115, §12.)
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.
(Act 2021-115, §14.)
For purposes of this title, the following terms have the respective meanings ascribed by this section:
(1) ANKLE. Consists of the ankle joint that consists of the distal third of the tibia and fibula and their articulations with the talus and the soft tissue structures surrounding the foot and ankle.
(2) DIAGNOSIS. The process of ascertaining a disease or ailment by its general symptoms.
(3) ELECTRICAL TREATMENT. Any treatment by means and methods supplied by electric current.
(4) FOOT. The terminal appendage of the lower extremity and contains 28 bones and is divided into three parts - the forefoot, the midfoot, and the hindfoot. The forefoot consists of 14 phalanges, five metatarsals, and the tibial and fibular sesamoid bones. The midfoot consists of five tarsal bones and their articulations. The hindfoot consists of two tarsal bones, the calcaneus, and the talus. The foot is defined as including all 28 complete bony structures below the ankle joint.
(5) MANIPULATIVE TREATMENT. The use of the hand or machinery in the operation or working upon the foot or ankle.
(6) MECHANICAL TREATMENT. The application of any mechanical appliance made of steel, leather, felt, or any material to the foot or ankle or in the shoe for the purpose of treating any disease, deformity, or ailment.
(7) MEDICAL TREATMENT. The application to or prescription for the foot or ankle of pads, fiberglass, adhesives, felt, plaster, or any medicinal agency for both external and internal use in connection with treatment of local ailments of the foot or ankle. The term does not include the medical treatment of any systemic disease, but includes treatment for the local manifestations of those systemic diseases in the foot or ankle.
(8) PODIATRY. The diagnosis and treatment of disorders of the human foot and ankle, as described herein.
(9) PRACTICE OF PODIATRY. The diagnosis and medical or surgical or mechanical or manipulative or electrical treatment of any ailment of the human foot or ankle and the surgical treatment of ailments of the human foot or ankle limited anatomically to the foot or ankle. The practice of podiatry shall include the amputation of the toes and other parts of the foot and ankle, but shall not include any amputation above the Chopart joint, total ankle arthroplasty, or the administration of any anesthetic other than local. A podiatrist may prescribe drugs that relate specifically to the scope of practice authorized herein.
(10) SURGICAL TREATMENT. The use of any cutting instrument to treat a disease, ailment, or condition of the foot or ankle.
(Acts 1967, No. 741, p. 1586, §1; Acts 1971, No. 2427, p. 3870, §1; Acts 1975, No. 1199, p. 2376, §1; Acts 1982, No. 82-437, p. 687, §1; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Act 2023-106, §1.)
It shall be unlawful for any person engaged in the practice of podiatry in this state to print or cause to be printed, or circulate or cause to be circulated, or publish or cause to be published, by any means whatsoever, any advertisement or circular in which appears any untruthful, impossible, or improbable or misleading statement or statements, or anything calculated or intended to mislead or deceive the public.
(Acts 1967, No. 741, p. 1586, §18.)
[Repealed]
Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
(Acts 1967, No. 741, p. 1586, §20.)
Nothing in this article shall be construed as applying to physicians, surgeons, or persons authorized to practice the healing arts as otherwise provided under the laws of the State of Alabama. No person who qualifies for a certificate of license under this article shall be subject to examination by the State Board of Medical Examiners.
(Acts 1967, No. 741, p. 1586, §17; Acts 1975, No. 1199, p. 2376, §6.)
[Repealed]
Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
(Acts 1967, No. 741, p. 1586, §19.)
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.
(Act 2023-106, §2.)
(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.
(Acts 1967, No. 741, p. 1586, §3; Acts 1979, No. 79-601, p. 1065, §1; Acts 1993, No. 93-156, p. 233, §3; Act 2009-38, p. 135, §3; Act 2025-157, §3.)
The State Board of Podiatry shall hold meetings at such times and places as the board may designate for the discharge of all business as may legally come before the board, and may hold additional meetings, on call of the president of the board, and the president shall call such meetings on petition of a majority of the members of the board for carrying into effect the provisions of this article. The board may transact any and all business that may legally come before the board at these meetings including, but not limited to, designating times and places for the examination of applicants for licenses or certificates. The secretary-treasurer shall transact all ad interim business for the board unless otherwise specified in this article. A majority of the members of the board shall constitute a quorum for the transaction of business. Should a quorum not be present on the day appointed for any meeting, those present may adjourn from day to day until a quorum is present.
(Acts 1967, No. 741, p. 1586, §4; Acts 1989, No. 89-242, p. 342, §3; Act 2009-715, p. 2104, §1.)
The State Board of Podiatry shall be the certifying board for podiatrists and shall have the exclusive power and authority to certify and to issue, suspend, revoke, limit, and reinstate all licenses or certificates authorizing the licensee to practice podiatry in the State of Alabama, and shall have the following authorities and shall perform the following duties:
(1) To promulgate any rules and regulations for its government as it may deem necessary and proper; and for purposes of disciplining its licensees, in addition to any other powers of the board, the board may adopt and collect administrative fines, not to exceed two thousand dollars ($2,000) per violation, and may institute any legal proceedings necessary to effect compliance with this article.
(2) To provide a standard of efficiency as to the moral, educational, and experience qualifications and fitness for all persons who desire to practice podiatry in this state.
(3) To elect annually one of its members as president, one as vice-president, and one as secretary-treasurer, who shall hold their respective offices for one year and until their successors are elected and qualified. If a vacancy occurs in any of the three offices, a special meeting of the board shall be called for the purpose of filling the vacancy for the unexpired term.
(4) To administer any oaths and take any affidavits as are required by this article, certifying thereto under its hand and the seal of the board.
(5) To assist in the prosecution of violations of this article.
(6) To appoint or employ a legal adviser or counsel, when deemed necessary, whose compensation shall be fixed by the board and paid in the same manner as the per diem and expenses of the board are paid.
(7) To adopt a common seal to be affixed to its official documents.
(8) To keep a record of its proceedings, a register of persons licensed as podiatrists, and a register of licenses and certificates revoked by the board.
(9) To annually, on or before January 1, make a report to the Governor of Alabama of all its official acts during the preceding year, of its receipts and disbursements, a full and complete report of the condition of podiatry and the practice in this state, and to file duplicate copies of the report with the Secretary of State, the State Auditor, and the Alabama Department of Archives and History.
(10) To employ, when deemed necessary and without regard to the state Merit System, and set the salary of, an executive director who shall serve at the pleasure of the board and shall administer board policy.
(Acts 1967, No. 741, p. 1586, §5; Acts 1987, No. 87-588, p. 970, §1; Acts 1989, No. 89-242, p. 342, §3; Acts 1993, No. 93-156, p. 233, §3; Act 2009-715, p. 2104, §1.)
The members of the State Board of Podiatry shall each be entitled to receive the same per diem and travel allowance as is paid by law for state employees for each day actually employed in the discharge of their official duties, in addition to any daily compensation or allowance, if any, as may be provided by the board, in such amount as may be determined by the board out of the funds realized from the fees provided for in this article. Should the funds in the hands of the board at the end of any fiscal year be more than one hundred thousand dollars ($100,000), the excess of this amount shall be paid into the General Fund in the State Treasury.
(Acts 1967, No. 741, p. 1586, §6; Acts 1985, No. 85-359, p. 300, §3; Acts 1989, No. 89-242, p. 342, §3; Act 2001-253, p. 305, §3; Act 2009-715, p. 2104, §1.)
[Repealed]
Repealed by Act 2009-715, §2, effective August 1, 2009.
(Acts 1967, No. 741, p. 1586, §7; Acts 1989, No. 89-242, p. 342, §3.)
(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.
(Acts 1967, No. 741, p. 1586, §8; Acts 1975, No. 1199, p. 2376, §2; Acts 1985, No. 85-359, p. 300, §3; Acts 1987, No. 87-588, p. 970, §1; Acts 1989, No. 89-242, p. 342, §3; Acts 1997, No. 97-159, p. 216, §3; Act 98-366, p. 665, §1; Act 2008-132, p. 191, §3.)
[Repealed]
Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
(Acts 1967, No. 741, p. 1586, §9; Acts 1989, No. 89-242, p. 342, §3.)
[Repealed]
Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
(Acts 1967, No. 741, p. 1586, §10; Acts 1975, No. 1199, p. 2376, §3; Acts 1985, No. 85-359, p. 300, §3; Acts 1989, No. 89-242, p. 342, §3.)
All funds received by the board shall be deposited to the credit of the board in a federally insured bank selected by the board, and the execution and enforcement of this article and the payments of salaries, expenses, and other authorized costs shall be paid by checks drawn by the secretary-treasurer and countersigned by a designated member of the board.
(Acts 1997, No. 97-159, p. 216, §4; Act 2009-715, p. 2104, §1.)
Any person who shall practice podiatry in this state or hold himself or herself out to the public as a podiatrist, or who shall in any sign or advertisement use the word “podiatrist,” “foot specialist,” “foot correctionist,” “foot expert,” or “chiropodist” or any other term or terms or letters indicating that he or she is a podiatrist or that he or she practices or holds himself or herself out as practicing podiatry or foot correction, without having at the time of so doing a valid certificate of qualification as provided in this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than $50 nor more than $500, and may be imprisoned for not less than one month nor more than three months. This article shall not prohibit the fitting, recommending, advertising, adjusting, or the sale of corrective shoes, arch supports, or similar mechanical appliances or patent or proprietary remedies by licensed retail drug or shoe dealers or manufacturers; but this exception shall not apply to the casting, molding, or making of individual molded footgear or devices, unless the same is made upon the prescription of a licensed physician or licensed podiatrist.
(Acts 1967, No. 741, p. 1586, §2.)
[Repealed]
Repealed by Act 98-366, p. 665, §2, effective July 1, 1998.
(Acts 1967, No. 741, p. 1586, §11; Acts 1975, No. 1199, p. 2376, §4; Acts 1985, No. 85-359, §3.)
Any person who is a legal, ethical, and competent practitioner of podiatry in this state, who has been duly examined and licensed by the State Board of Podiatry, and of good moral character and known to the board as such, who shall desire to change his or her residence to another state or territory, or foreign country, shall, upon application to the board and the payment of a fee of fifty dollars ($50), receive a special certificate over the signature of the president and secretary-treasurer of the board and bearing its seal which shall give the date upon which he or she was registered and licensed.
(Acts 1967, No. 741, p. 1586, §12; Acts 1985, No. 85-359, p. 300, §3; Act 98-366, p. 665, §1.)
Every applicant who shall pass the standard examination, or whose reciprocity has been accepted by the State Board of Podiatry, shall receive from the board a license entitling him or her to practice podiatry in Alabama, which license shall be signed by the president of the board and countersigned by the secretary-treasurer of the board and have affixed thereto the seal of the board and be duly numbered and registered in the record book kept by the secretary-treasurer of the board, which record book shall be open to public inspection, and a duly certified copy of the record shall be received as evidence in all courts of this state in the trial of any case. Each person to whom a license has been issued shall keep the license conspicuously in his or her office or place of business and shall whenever required exhibit the license to any member or representative of the board.
(Acts 1967, No. 741, p. 1586, §13.)
Every licensed podiatrist who desires to continue the practice of podiatry shall annually, on or before the first of October, pay to the secretary-treasurer of the state board a renewal registration fee in a reasonable amount set by the board and comply with such other conditions as may be prescribed by the State Board of Podiatry; provided, however, that the license shall be renewed within 30 days after October first, or the licensee shall pay the renewal registration fee and a penalty of $300. Among the conditions to be prescribed by the State Board of Podiatry is the requirement that evidence be furnished by the applicant for renewal of completion of a continuing education program. Such program shall consist of no less than 12 hours, which shall be obtained at the annual state meeting of the Alabama Podiatry Association or any other continuing education program approved by the State Board of Podiatry. Any licensed podiatrist who is inactive in the practice of podiatry for a period of two years may have his or her license renewed to practice his profession on such conditions as may be prescribed by the State Board of Podiatry.
(Acts 1967, No. 741, p. 1586, §15; Acts 1975, No. 1199, p. 2376, §5; Acts 1979, No. 79-601, p. 1065, §2; Acts 1985, No. 85-359, p. 300, §3.)
(a) A license issued to any person may be suspended for a definite period of time, revoked, or limited, or a licensee may be reprimanded, or an application for licensure or renewal of licensure may be denied by the State Board of Podiatry for any of the following reasons:
(1) Conviction of any offense involving moral turpitude, in which case the record of conviction or a certified copy thereof certified by the clerk of the court or by the judge in which court the conviction is had shall be conclusive evidence of such conviction.
(2) Unprofessional conduct including any conduct of a character likely to deceive or defraud the public, lending his or her license to any person, the employment of “cappers,” or “steerers” to obtain business, “splitting” or dividing a fee with any person or persons, the obtaining of any fee or compensation by fraud or misrepresentation, employing directly or indirectly any suspended or unlicensed podiatrist to do any professional work, fraudulent or misleading advertising, the use of any advertising which does not include a disclaimer required by rules and regulations of the board, carrying the advertising of articles not connected with the profession, the employment of any drugs or medicines in his or her practice unless authorized to do so by the laws covering the practice of medicine of this state.
(3) Obtaining a license or certificate by fraud, deceit, or misrepresentation, whether knowingly or unknowingly practiced on the board.
(4) When the holder of a license or certificate is suffering from a contagious or infectious disease.
(5) Gross incompetency, wilful or wanton negligence, or repeated negligence in the practice of podiatry.
(6) Intemperance in the use of intoxicating liquors or narcotics to such an extent as to unfit the holder of the license for the proper practice of podiatry.
(7) Failure to renew his or her license and pay any penalty prescribed in this article.
(8) Failure to comply with continuing education requirements prescribed in this article.
(9) Violating any rule or regulation promulgated by the board.
(10) Disciplinary action taken by another state based upon acts by a licensee similar to acts described in this section which results in suspension or revocation of a license or certificate to practice podiatry in another state. A certified copy of the record of the disciplinary action of the state taking such an action shall be conclusive evidence thereof.
(11) Sexual misconduct including, but not limited to, any or all of the following:
a. Engaging in or soliciting a consensual or nonconsensual sexual relationship when a podiatrist-patient relationship exists.
b. Making sexual advances, requesting sexual favors, and engaging in other verbal conduct or physical contact of a sexual nature with a patient.
c. Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment according to current practice standards.
(12) Any other misconduct defined by the board.
(b) Whenever charges are preferred against any holder of a license, the board shall fix a time and place for the hearing of the same, and a copy of the charges, in writing and verified by oath, together with a notice of the time and place of hearing, shall be served upon the accused at least 10 days before the date fixed for the hearing. When personal service cannot be effected, the board shall cause to be published at least 30 days prior to the date set for the hearing, in a newspaper published in the county in which the accused was last known to practice, a notice to the effect that at a definite time and place a hearing will be held by the board on charges preferred against the person. The board may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materials, or other evidence. The accused shall have the right to be confronted by the person or persons preferring the charges, to cross-examine the witnesses against him or her, to be represented by counsel, and to have the testimony taken down by a stenographer. The expense of counsel and stenographer, either or both, shall be borne by the accused. Witnesses at hearings before the board shall testify under oath and may be sworn by any member of the board. Any person disciplined pursuant to this section may appeal the action to the circuit court, or other court of like jurisdiction, in the county in which the person resides.
(c) Members of the Board of Podiatry or the members of any committee of podiatrists impaneled by the board, making any report, rendering any opinion, supplying any evidence or information, or offering any testimony to the board in connection with a disciplinary investigation or action as authorized in this article shall be immune from suit for any conduct in the course of their official duties with respect to such investigations, actions, or hearings.
(Acts 1967, No. 741, p. 1586, §16; Acts 1987, No. 87-588, p. 970, §1; Act 2009-715, p. 2104, §1.)
For the purposes of this article, the following words and phrases shall have the following meanings:
(1) APPROVED PROGRAM. A program for the education and training of assistants to physicians which has been formally approved in writing by the board.
(2) ASSISTANT TO PHYSICIAN. A person who is a graduate of an approved program, is licensed by the board, and is registered by the board to perform medical services under the supervision of a physician approved by the board to supervise the assistant.
(3) BOARD. The Board of Medical Examiners of the State of Alabama.
(4) LEGEND DRUG. Any drug, medicine, chemical, or poison, bearing on the label the words, “Caution, Federal Law prohibits dispensing without prescription” or similar words indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner, except that the term legend drug shall not include any drug, substance, or compound which is listed in Schedules I through V of the Alabama Uniform Controlled Substances Act.
(5) PHYSICIAN. A person who is licensed to practice medicine in this state and is approved by the board to supervise assistants to physicians.
(6) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to a physician and a licensed physician under which the assistant to the physician is authorized to practice as evidenced by a written job description approved in accordance with this article. Physician supervision requires that there shall be at all times a direct continuing and close supervisory relationship between the assistant to the physician and the physician to whom that assistant is registered. The term supervision does not require direct on-site supervision of the assistant to the physician; however, it does require the professional oversight and direction as may be required by the regulations and guidelines of the Board of Medical Examiners.
(7) PRESCRIBE or PRESCRIBING. The act of issuing a written prescription for a legend drug.
(8) PRESCRIPTION. An order for a legend drug which is written and signed by an assistant to a physician authorized to prescribe and administer the drugs and which is intended to be filled, compounded, or dispensed by a pharmacist.
(9) TRAINEE. A person who is currently enrolled in an approved program in this state.
(Acts 1971, No. 1948, p. 3146, §2; Acts 1994, No. 94-261, p. 490, §1; Act 98-604, p. 1324, §1.)
(a) Shortages of all skilled health personnel, both physicians and others, new scientific and technological developments and new methods of organizing health services have made the question of new uses for allied health personnel the critical issue to be resolved if our supply of health manpower is to be used effectively and productively. In its concern with the growing shortage and geographic maldistribution of health care services in Alabama, the Legislature intends to establish in this article a framework for legal recognition and development of new categories of health manpower - assistants to physicians.
(b) It is also the intent of this article to encourage the more effective utilization of the skills of physicians by enabling them to delegate certain health care tasks to qualified assistants to physicians where such delegation is consistent with the patient’s health and welfare.
(c) It is also the intent of this article to encourage and permit the utilization of the assistants to physicians by physicians and to remove existing legal constraints. It is also the purpose of this article to allow for innovative developments of programs for the education of assistants to physicians. And, it is also the purpose of this article to provide for the establishing of a system of approving and regulating physicians and assistants to physicians so that a high quality of service is insured.
(Acts 1971, No. 1948, p. 3146, §1.)
(a) Notwithstanding any other provision of law, a licensed assistant to a physician may perform medical services when the services are rendered under the supervision of a licensed physician or physicians approved by the board; except, that no medical services may be performed under this article except under the supervision of an ophthalmologist in the office in which the physician normally actually practices his or her profession and nowhere else in any of the following areas:
(1) The measurement of the powers or range of human vision or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general or the fitting or adaptation of lenses or frames for the aid thereof.
(2) The prescribing or directing the use of or using any optical device in connection with ocular exercises, visual training, or orthoptics.
(3) The prescribing of contact lenses for or the fitting or adaptation of contact lenses to the human eye. Nothing in this section shall preclude the performance of routine visual screening.
(b) In the performance of any medical service contemplated by this article, an assistant to a physician shall be conclusively presumed to be the agent, servant, or employee solely of the licensed physician or physicians under whose supervision he or she performs the service, and no other person, firm, corporation, or other organization shall be held liable or responsible for any act or omission of the assistant arising out of the performance of the medical service.
(c) A licensed assistant to a physician registered to a licensed physician practicing under a job description approved in the manner prescribed by this article may prescribe legend drugs to patients, subject to both of the following conditions:
(1) The drug type, dosage, quantity prescribed, and number of refills shall be authorized in an approved job description signed by the physicians to whom the assistant is registered.
(2) The drug shall be on the formulary approved under the guidelines of the Board of Medical Examiners.
(d) Assistants to physicians may administer any legend drug which they are authorized to prescribe under this section. An assistant to a physician may not initiate a call-in prescription in the name of his or her physician for any drug, whether legend drug or controlled substance, which the assistant is not authorized to prescribe under the job description signed by his or her physician and approved under this section, unless the drug is specifically ordered for the patient by the physician either in writing or by a verbal order which has been reduced to writing and which has been signed by the physician within a time specified in the guidelines of the Board of Medical Examiners.
(Acts 1971, No. 1948, p. 3146, §3; Acts 1975, No. 1152, p. 2276, §1; Acts 1994, No. 94-261, p. 490, §1; Act 98-604, p. 1324, §1.)
(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.
(Acts 1971, No. 1948, p. 3146, §4; Acts 1994, No. 94-261, p. 490, §1; Act 98-604, p. 1324, §1.)
(a) The Board of Medical Examiners may, in the name of the people of the State of Alabama and through the Attorney General of the State of Alabama, or district attorney under the supervision of the Attorney General, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by the board or by the provisions of this article.
(b) If it is established that any person has been or is committing any act prohibited by the board or by any provision of this article, the court or any judge shall enter a judgment perpetually enjoining the person from further committing the act.
(c) In case of violation of any injunction issued under the provisions of this section, the court or any judge thereof may summarily try and punish the offender for contempt of court.
(d) Such injunctive proceedings shall be in addition to and not in lieu of all penalties and other remedies provided in this article.
(Acts 1971, No. 1948, p. 3146, §5.)
(a) Any person practicing or offering to practice as an assistant to physician in this state shall be licensed and registered by the board in accordance with this article and the rules of the board.
(b) There shall be no independent unsupervised practice by an assistant to physician who is granted a license to practice as an assistant to physician.
(Act 98-604, p. 1324, §2.)
(a) Any person who practices or offers to practice as an assistant to physician in this state without a license and registration issued and approved by the board shall be guilty of a misdemeanor which shall be punishable as provided by law.
(b) Any violation of the regulations duly promulgated by the board shall constitute a misdemeanor and shall be punishable as provided by law.
(Act 98-604, p. 1324, §3.)
The following constitutes the requirements for the issuance of a license to practice as an assistant to physician:
(1) Provide evidence, satisfactory to the board, of successful completion of a training program accredited by the Committee on Allied Health Education and Accreditation (CAHEA) , the Commission on Accreditation of Allied Health Education Programs (CAAHEP), the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or the Accreditation Review Committee for the Anesthesiologist Assistant (ARC-AA), or their successor agencies.
(2) Provide evidence, satisfactory to the board, of successful completion of the Physician Assistant National Certification Examination (PANCE) as administered by the National Commission on Certification of Physician Assistants (NCCPA) or the National Certifying Examination for Anesthesiologist Assistants (NCEAA) as administered by the National Commission for Certification of Anesthesiologist Assistants (NCCAA).
(3) Submit an application on forms approved by the board in its rules.
(4) Pay in advance to the board the required application fee in an amount established in the rules of the board.
(5) In addition to the above requirements and for the purpose of determining an applicant’s suitability for a license to practice as an assistant to physician in this state, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints to the Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints provided by each applicant for a license to practice as an assistant to physician to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI 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 and are payable directly to the board or its designee. The Board of Medical 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 as an assistant to physician in this state may be disclosed as may be necessary to support the denial.
(Act 98-604, p. 1324, §4; Act 2008-378, p. 697, §1; Act 2021-100, §1.)
(a) Upon the filing of an application in the proper form, if the board is satisfied that all requirements of the law have been met and that the application should be approved in the interest of public welfare, the board shall issue to the applicant a license to practice as an assistant to physician of a size and design to be determined by the board.
(b) Every license issued by the board shall be dated, shall be numbered in the order of issuance, and shall be signed by the chair of the board or the chair’s designee.
(Act 98-604, p. 1324, §5.)
A license issued by the board to an assistant to physician must be renewed annually on or before January 1 of each year. Application for annual renewal must be received by the board on or before December 31 and must be accompanied by a fee in an amount established in the regulations of the board.
(Act 98-604, p. 1324, §6.)
Notwithstanding any other provision of this article to the contrary, any person who was certified by the board as a physician assistant or surgeon assistant to a licensed physician on December 21, 1994, shall be eligible for the issuance of a license to practice as an assistant to physician in this state. To qualify for a license under this section, an applicant must submit an application for license and the required fee no later than one year after May 6, 1998. After one year from May 6, 1998, an applicant for license must meet all the requirements of Section 34-24-297.
(Act 98-604, p. 1324, §7.)
(a) The board may, in its discretion, grant a temporary license to an applicant who meets the qualifications for licensure as an assistant to physician except that the applicant has not taken the Physician Assistant National Certification Examination (PANCE) or the National Certifying Examination for Anesthesiologist Assistants (NCEAA) for the first time or the applicant has taken the PANCE or the NCEAA for the first time and is awaiting the results. A temporary license is valid:
(1) For one year from the date issued, or
(2) Until the results of an applicant’s examination are available, or
(3) Until the board makes a final decision on the applicant’s request for licensure as an assistant to physician, whichever comes first.
(b) Assistants to physicians granted a temporary license will not be granted prescriptive privileges, allowed to practice without direct, on-site physician supervision, or allowed to practice in a remote practice site.
(c) The board, in its discretion, may waive the requirements in subsection (b).
(d) An assistant to physician who is granted a temporary license shall not practice or offer to practice in this state unless he or she is registered by the board in accordance with this article and the rules of the board.
(e) There shall be no independent unsupervised practice by an assistant to physician who is granted a temporary license.
(Act 98-604, p. 1324, §8.)
(a)(1) The board, subject to the rules adopted by the board, may issue a temporary license to an assistant to physician applicant who is relocated to or stationed in this state under official military orders and who satisfies any of the following:
a. Is an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
b. Is the spouse of an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
c. Is the surviving spouse of a service member who, at the time of his or her death, was serving on active duty.
(2) For the purposes of this section, a transitioning service member is a member of the United States Armed Forces, including the National Guard, on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
(b) An assistant to physician may receive a temporary license issued under subsection (a) if he or she satisfies the requirements of subsection (a), to the satisfaction of the board, and presents evidence satisfactory to the board of all of the following:
(1) Possession of a full and unrestricted license to practice as an assistant to physician issued by the appropriate licensing board of another state, the District of Columbia, a territory of the United States, or a province of Canada.
(2) Completion of a training program accredited by the Committee on Allied Health Education and Accreditation (CAHEA), the Commission on Accreditation of Allied Health Education Programs (CAAHEP), the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or the Accreditation Review Committee for the Anesthesiologist Assistant (ARC-AA), or their successor agencies.
(3) Completion of the Physician Assistant National Certification Examination (PANCE) as administrated by the National Commission on Certification of Physician Assistants (NCCPA) or the National Certifying Examination for Anesthesiologist Assistants (NCEAA) as administered by the National Commission for Certification of Anesthesiologist Assistants (NCCAA).
(4) Has never been convicted, received adjudication, community supervision, or deferred disposition of any felony offense or any crime related to fraud, violence, sexual violations, or related to health care.
(5) Has never had his or her license to practice as an assistant to physician subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to the nonpayment of fees related to a license.
(6) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(7) Is not currently under investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
(8) Is a United States citizen, a national of the United States, or an alien lawfully present in the United States.
(c) An assistant to physician who is issued a temporary license under this section shall apply for a license to practice as an assistant to physician pursuant to Section 34-24-297 within 12 months after the issuance of a temporary license.
(1) A temporary license issued under subsection (a) shall expire 12 months after the date of issuance if an application for a license to practice as an assistant to physician pursuant to Section 34-24-297 is not received by the board.
(2) An assistant to physician who applies for a license pursuant to Section 34-24-297 and the rules adopted by the board within 12 months after issuance of a temporary license may practice as an assistant to physician under a license issued by the board under this section until such time as the application is acted upon by the board.
(d) The board may adopt rules to implement this section and to permit the expedited processing of applications for a temporary license to practice as an assistant to physician.
(e) A temporary license shall clearly indicate that it is a temporary license for military service members or their spouses.
(f) Any assistant to physician issued a temporary license under this section shall be subject to having his or her license suspended or revoked by the board for the same causes or reasons, and in the same manner, as provided by law for other assistants to physicians licensed pursuant to this chapter.
(Act 2021-100, §2.)
(a) The board, within its discretion, may deny the issuance of a license to any person or, after notice and hearing in accordance with board rules, shall, within its discretion, suspend, revoke, restrict, or otherwise discipline the license of a person who shall be found guilty on the basis of substantial evidence of any of the following acts or offenses:
(1) Conviction of a felony.
(2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting on the ability of the individual to render patient care in a safe manner.
(3) Conviction of any violation of state or federal laws relating to controlled substances.
(4) Termination, restriction, suspension, revocation, or curtailment of licensure, registration, or certification as an assistant to physician by another state or other licensing jurisdiction on grounds similar to those stated herein.
(5) The denial of a registration, a certification, or a license to practice as an assistant to physician by another state or other licensing jurisdiction.
(6) Being unable to render patient care with reasonable skill and safety by reason of illness, inebriation, addiction to, or excessive use of alcohol, narcotics, chemicals, drugs, or any other substance, or by reason of a mental or physical condition or disability.
(7) Revocation, termination, suspension, or restriction of hospital privileges.
(8) Knowingly submitting or causing to be submitted any false, fraudulent, deceptive, or misleading information to the board in connection with an application for licensure or registration as an assistant to physician.
(9) That the assistant to physician has represented himself or herself or permitted another to represent him or her as a physician.
(10) That the assistant to physician has performed otherwise than at the direction and under the supervision of a physician approved by the board.
(11) That the assistant to physician has been delegated or has performed or attempted to perform tasks and functions beyond his or her competence.
(12) That the assistant to physician has performed or attempted to perform tasks beyond those authorized in the approved job description.
(13) Practicing or permitting another to practice as an assistant to physician without the required license and registration from the board.
(14) Prescribing by an assistant to physician in violation of statutory authority or board rules or guidelines.
(15) Intentional falsification of a certification of compliance with the continuing medical education requirement for assistants to physicians established in the board rules.
(b) As part of any investigation undertaken by the Board of Medical Examiners regarding the denial, suspension, revocation, restriction, or otherwise disciplining of the license of an assistant to physician, the board may require a criminal history background check of the assistant to physician. In such event, the assistant to physician shall submit a complete set of fingerprints to the Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints by the assistant to physician to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI 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 assistant to physician and are payable directly to the board or its designee. The Board of Medical Examiners shall keep information received pursuant to this section confidential except that such information may be disclosed to the assistant to physician.
(c) When the issue is whether or not an assistant to physician is physically or mentally capable of practicing as an assistant to physician with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the assistant to physician is not capable of practicing as an assistant to physician with reasonable skill and safety to patients, the board may order and direct the assistant to physician in question to submit to a physical, mental, or laboratory examination or any combination of such examinations to be performed by a physician or osteopath designated by the board. The expense of such examination shall be borne by the assistant to physician who is so examined.
(d) Every assistant to physician licensed to practice as an assistant to physician in the State of Alabama who accepts the privilege of practicing as an assistant to physician in the State of Alabama by actually practicing or by the making and filing of an annual registration to practice as an assistant to physician shall be deemed to have given consent to submit to a mental, physical, or laboratory examination or to any combination of such examinations and to waive all objections to the admissibility of the examining physician’s testimony or examination reports on the ground that they constitute privileged doctor-patient communications.
(e) Upon receipt of credible information that an assistant to physician in this state has been evaluated or has received inpatient or outpatient treatment for any physical, psychiatric, or psychological illness or for chemical dependency, drug addiction, or alcohol abuse, the board may order that the assistant to physician execute and deliver to the board an authorization and release form directed to each and every facility or treatment provider authorizing and directing the release to the board of any reports of evaluation, mental or physical, or examination, including psychiatric, psychological, and neuropsychiatric examinations, hospital and treatment provider medical records, reports of laboratory tests for the presence of alcohol or drugs, rehabilitation records, or mental competency evaluations. Any and all expenses incurred in the furnishing of the reports, records, or documents which are the subject of an order issued by the board shall be borne by the assistant to physician who is the subject of the order.
(f) Failure or refusal by the assistant to physician to comply with an order of the board directing the execution and delivery to the board of an authorization and release form as provided in subsection (e) shall constitute grounds for the summary suspension of the assistant to physician’s license to practice as an assistant to physician by the board, which suspension shall continue in effect until such time as the assistant to physician complies with the order of the board or the order is withdrawn by the board. This subsection supersedes any provisions of subsection (d) of Section 41-22-19 of the Alabama Administrative Procedure Act that are in conflict.
(g) All reports, records, and documents released to the board under subsection (e) are declared to be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings, but may be used by the board in the course of its investigation and may be introduced as evidence in administrative hearings conducted by the board.
(h) Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the State Board of Medical Examiners.
(Act 98-604, p. 1324, §9; Act 2008-378, p. 697, §1; Act 2021-100, §1.)
(a) Prior to practicing or offering to practice in this state, a licensed assistant to physician shall be registered by the board to perform medical services under the supervision of a physician approved by the board to supervise the assistant.
(b) Registration shall be accomplished by the submission to the board of an application on forms established in the board rules, payment of the required registration fee in an amount established in the board rules, and the granting of approval pursuant to procedures designated in the board rules.
(c) Registration may be denied or terminated by the board in accordance with grounds and procedures established in the rules of the board.
(Act 98-604, p. 1324, §10.)
In addition to any other penalty authorized by Section 34-24-302, the State Board of Medical Examiners may in its discretion assess administrative fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions of Section 34-24-302 or any rule or regulation duly promulgated by the board.
(Act 2002-140, p. 359, §4.)
The board shall not renew the license as set forth in Section 34-24-299 of any assistant to physician against whom an administrative fine has been assessed by the board until such fine is paid in full. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act, the assistant to physician shall be entitled to a prompt refund of the amount of the fine but shall not be entitled to interest thereon.
(Act 2002-140, p. 359, §4.)
(a) An assistant to physician may surrender his or her license to practice as an assistant to physician or request in writing to the Board of Medical Examiners that a restriction be placed upon his or her license to practice as an assistant to physician within the State of Alabama. The board may accept a surrender or grant such a request for restriction and shall have the authority, if it deems appropriate, to attach such restrictions to the license of the assistant to physician to practice as an assistant to physician within the State of Alabama. Removal of a voluntary restriction on the license of an assistant to physician shall be done only with the approval of the Board of Medical Examiners. If the board accepts the surrender of a license of an assistant to physician, any current registration of the assistant to physician shall be automatically terminated, the license shall be withdrawn, and the assistant to physician shall not be authorized to practice as an assistant to physician within the State of Alabama.
(b) Requests for modification or termination of restrictions on a license or for reinstatement of a revoked or surrendered license to practice as an assistant to physician which are filed with the board within 24 months of the effective date of the restriction, revocation, or surrender may, within the discretion of the board, be dismissed by the board as prematurely filed. A request as described above which is filed with the board more than 24 months following the effective date of the restriction, revocation, or surrender may be granted or may be set for a hearing before the board, and such hearing shall be conducted as a contested case under the Alabama Administrative Procedure Act.
(c) The board shall be without jurisdiction to reinstate the license of an assistant to physician whose license was revoked or voluntarily surrendered if the request for reinstatement is received by the board more than five years after the effective date of the revocation or surrender.
(Act 2008-378, p. 697, §2.)
In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seek to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee’s qualifying license by other compact participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.
(Act 2026-264, §1.)
As used in this compact, the following terms have the following meanings:
(1) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a PA license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
(2) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another participating state to practice as a PA to provide medical services and other licensed activity to a patient located in the remote state under the remote state’s laws and rules.
(3) CONVICTION. A finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
(4) CRIMINAL BACKGROUND CHECK. The submission of fingerprints or other biometric based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(5) DATA SYSTEM. The repository of information about licensees, including but not limited to license status and adverse actions, which is created and administered under the terms of this compact.
(6) EXECUTIVE COMMITTEE. A group of directors and ex officio individuals elected or appointed pursuant to Section 34-24-307.06(f)(2).
(7) IMPAIRED PRACTITIONER. A PA whose practice is adversely affected by a health-related condition that impacts his or her ability to practice.
(8) INVESTIGATIVE INFORMATION. Information, records, or documents received or generated by a licensing board pursuant to an investigation.
(9) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of a PA in a state.
(10) LICENSE. Current authorization by a state, other than authorization pursuant to a compact privilege, for a PA to provide medical services, which would be unlawful without current authorization.
(11) LICENSEE. An individual who holds a license from a state to provide medical services as a PA.
(12) LICENSING BOARD. Any state entity authorized to license and otherwise regulate PAs.
(13) MEDICAL SERVICES. Health care services provided for the diagnosis, prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a state’s laws and rules.
(14) MODEL COMPACT. The model for the PA Licensure Compact on file with the Council of State Governments or other entity as designated by the commission.
(15) PARTICIPATING STATE. A state that has enacted this compact.
(16) PA. An individual who is licensed as a physician assistant in a state. For purposes of this compact, any other title or status adopted by a state to replace the term “physician assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.
(17) PA LICENSURE COMPACT COMMISSION, COMPACT COMMISSION, or COMMISSION. The national administrative body created pursuant to Section 34-24-307.06(a).
(18) QUALIFYING LICENSE. An unrestricted license issued by a participating state to provide medical services as a PA.
(19) REMOTE STATE. A participating state where a licensee who is not licensed as a PA is exercising or seeking to exercise the compact privilege.
(20) RULE. A regulation adopted by an entity, which has the force and effect of law.
(21) SIGNIFICANT INVESTIGATIVE INFORMATION. Investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
(22) STATE. Any state, commonwealth, district, or territory of the United States.
(Act 2026-264, §2.)
(a) To participate in this compact, a participating state shall:
(1) License PAs;
(2) Participate in the compact commission’s data system;
(3) Have a mechanism in place for receiving and investigating complaints against licensees and license applicants;
(4) Notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee or license applicant and the existence of significant investigative information regarding a licensee or license applicant;
(5) Fully implement a criminal background check requirement, within a time frame established by commission rule, by its licensing board receiving the results of a criminal background check and reporting to the commission whether the license applicant has been granted a license;
(6) Comply with the rules of the compact commission;
(7) Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure; and
(8) Grant the compact privilege to a holder of a qualifying license in a participating state.
(b) Nothing in this compact prohibits a participating state from charging a fee for granting the compact privilege.
(Act 2026-264, §3.)
(a) To exercise the compact privilege, a licensee must:
(1) Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or other programs authorized by commission rule;
(2) Hold current NCCPA certification;
(3) Have no felony or misdemeanor conviction;
(4) Have never had a controlled substance license, permit, or registration suspended or revoked by a state or by the United States Drug Enforcement Administration;
(5) Have a unique identifier as determined by commission rule;
(6) Hold a qualifying license;
(7) Have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action;
(8) If a licensee has had a limitation or restriction on a license or compact privilege due to an adverse action, two years must have elapsed from the date on which the license or compact privilege is no longer limited or restricted due to the adverse action;
(9) If a compact privilege has been revoked or is limited or restricted in a participating state for conduct that would not be a basis for disciplinary action in a participating state in which the licensee is practicing or applying to practice under a compact privilege, that participating state shall have the discretion not to consider such action as an adverse action requiring the denial or removal of a compact privilege in that state;
(10) Notify the compact commission that the licensee is seeking the compact privilege in a remote state;
(11) Meet any jurisprudence requirement of a remote state in which the licensee is seeking to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence requirement; and
(12) Report to the commission any adverse action taken by a non-participating state within 30 days after the action is taken.
(b) The compact privilege is valid until the expiration or revocation of the qualifying license unless terminated pursuant to an adverse action. The licensee must also comply with all of the requirements of subsection (a) to maintain the compact privilege in a remote state. If the participating state takes adverse action against a qualifying license, the licensee shall lose the compact privilege in any remote state in which the licensee has a compact privilege until all of the following occur:
(1) The license is no longer limited or restricted.
(2) Two years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.
(c) Once a restricted or limited license satisfies the requirements of subsection (b), the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(d) For each remote state in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such state in granting or renewing such authority.
(Act 2026-264, §4.)
Upon a licensee’s application for a compact privilege, the licensee shall identify to the commission the participating state from which the licensee is applying, in accordance with applicable rules adopted by the commission, and subject to the following requirements:
(1) When applying for a compact privilege, the licensee shall provide the commission with the address of the licensee’s primary residence and thereafter shall immediately report to the commission any change in the address of the licensee’s primary residence.
(2) When applying for a compact privilege, the licensee shall consent to accept service of process by mail at the licensee’s primary residence on file with the commission with respect to any action brought against the licensee by the commission or a participating state, including a subpoena, with respect to any action brought or investigation conducted by the commission or a participating state.
(Act 2026-264, §5.)
(a) A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do all of the following:
(1) Take adverse action against a PA’s compact privilege within that state to remove a licensee’s compact privilege or take other action necessary under applicable law to protect the health and safety of its citizens.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating 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.
(3) Notwithstanding subdivision (2), subpoenas may not be issued by a participating state to gather evidence of conduct in another state which is lawful in that other state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that participating state.
(4) Nothing in this compact authorizes a participating state to impose discipline against a PA’s compact privilege or to deny an application for a compact privilege in that participating state for the individual’s otherwise lawful practice in another state.
(c) For purposes of taking adverse action, the participating state that issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state that issued the qualifying license. In so doing, the participating state shall apply its own state laws to determine appropriate action.
(d) A participating state, if otherwise permitted by state law, may recover from the affected PA the costs of investigations and disposition of cases resulting from any adverse action taken against that PA.
(e) A participating state may take adverse action based on the factual findings of a remote state, provided that the participating state follows its own procedures for taking the adverse action.
(f) Joint investigations.
(1) In addition to the authority granted to a participating state by its respective state PA laws and rules or other applicable state law, any participating state may participate with other participating states in joint investigations of licensees.
(2) Participating states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(g) If an adverse action is taken against a PA’s qualifying license, the PA’s compact privilege in all remote states shall be deactivated until two years have elapsed after all restrictions have been removed from the state license. All disciplinary orders by the participating state that issued the qualifying license which impose adverse action against a PA’s license shall include a statement that the PA’s compact privilege is deactivated in all participating states during the pendency of the order.
(h) If any participating state takes adverse action, it promptly shall notify the administrator of the data system.
(Act 2026-264, §6.)
(a) The participating states hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Section 34-27-307.10(a).
(b) Membership, voting, and meetings.
(1) Each participating state shall have and be limited to one delegate selected by that participating state’s licensing board or, if the state has more than one licensing board, selected collectively by the participating state’s licensing boards.
(2) The delegate shall be either:
a. A current PA, physician, or public member of a licensing board or PA council or committee; or
b. An administrator of a licensing board.
(3) Any delegate may be removed or suspended from office as provided by the laws of the state from which the delegate is appointed.
(4) The participating state licensing board shall fill any vacancy occurring in the commission within 60 days.
(5) Each delegate shall be entitled to one vote on all matters voted on by the commission and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telecommunications, video conference, or other means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this compact and the bylaws.
(7) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission.
(2) Establish the fiscal year of the commission.
(3) Establish fees.
(4) Establish bylaws.
(5) Maintain its financial records in accordance with the bylaws.
(6) Meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(7) Adopt rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all participating states.
(8) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected.
(9) Purchase and maintain insurance and bonds.
(10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a participating state.
(11) Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(15) Establish a budget and make expenditures.
(16) Borrow money.
(17) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(18) Provide and receive information from, and cooperate with, law enforcement agencies.
(19) Elect a chair, vice chair, secretary, and treasurer and such other officers of the commission as provided in the commission’s bylaws.
(20) Reserve for itself, in addition to those reserved exclusively to the commission under the compact, powers that the executive committee may not exercise.
(21) Approve or disapprove a state’s participation in the compact based upon its determination as to whether the state’s compact legislation departs in a material manner from the model compact language.
(22) Prepare and provide to the participating states an annual report.
(23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of PA licensure and practice.
(d) Meetings of the commission.
(1) All meetings of the commission which are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.
(2) Notwithstanding subdivision (1), the commission may convene a public meeting by providing at least 24 hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 34-24-307.08(l).
(3) The commission may convene in a closed, nonpublic meeting or nonpublic part of a public meeting to receive legal advice or to discuss:
a. Noncompliance of a participating state with its obligations under this compact;
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by federal or participating states’ statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the chair of the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
(5) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(e) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each participating state and may impose compact privilege fees on licensees of participating states to whom a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on participating states shall be allocated based upon a formula to be determined by commission rule.
a. A compact privilege expires when the licensee’s qualifying license in the participating state from which the licensee applied for the compact privilege expires.
b. If the licensee terminates the qualifying license through which the licensee applied for the compact privilege before its scheduled expiration, and the licensee has a qualifying license in another participating state, the licensee shall inform the commission that it is changing to that participating state the participating state through which it applies for a compact privilege and pay to the commission any compact privilege fee required by commission rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the participating states, except by and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(f) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact and commission rules.
(2) The executive committee shall be composed of nine members:
a. Seven voting members who are elected by the commission from the current membership of the commission;
b. One ex officio, nonvoting member from a recognized national PA professional association; and
c. One ex officio, nonvoting member from a recognized national PA certification organization.
(3) The ex officio members shall be selected by their respective organizations.
(4) The commission may remove any member of the executive committee as provided in its bylaws.
(5) The executive committee shall meet at least annually.
(6) The executive committee shall have the following duties and responsibilities:
a. Recommend to the commission changes to the commission’s rules or bylaws, changes to this compact legislation, fees to be paid by compact participating states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.
b. Ensure compact administration services are appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the commission.
e. Monitor compact compliance of participating states and provide compliance reports to the commission.
f. Establish additional committees as necessary.
g. Exercise the powers and duties of the commission during the interim between commission meetings, except for issuing proposed rulemaking or adopting commission rules or bylaws, or exercising any other powers and duties exclusively reserved to the commission by the commission’s rules.
h. Perform other duties as provided in the commission’s rules or bylaws.
(7) All meetings of the executive committee at which it votes or plans to vote on matters in exercising the powers and duties of the commission shall be open to the public, and public notice of such meetings shall be given as public meetings of the commission are given.
(8) The executive committee may convene in a closed, nonpublic meeting for the same reasons that the commission may convene in a nonpublic meeting as set forth in subdivision (d)(3) and shall announce the closed meeting as the commission is required to under subdivision (d)(4) and keep minutes of the closed meeting as the commission is required to under subdivision (d)(5).
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted in this subdivision.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.
(4) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses in any proceedings as authorized by commission rules.
(5) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(6) Nothing in this compact shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a PA. All such matters shall be determined exclusively by state law other than this compact.
(7) Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law, rule, or regulation.
(8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.
(Act 2026-264, §7.)
(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on all licensed PAs and applicants denied a license in participating states.
(b) Notwithstanding any other state law to the contrary, a participating state shall submit a uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or compact privilege;
(4) Any denial of application for licensure, and the reason or reasons for the denial, excluding the reporting of any criminal history record information where prohibited by law;
(5) The existence of significant investigative information; and
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.
(d) The commission shall promptly notify all participating states of any adverse action taken against a licensee or an individual applying for a license which has been reported to it. This adverse action information shall be available to any other participating state.
(e) Participating states contributing information to the data system, in accordance with state or federal law, may designate information that may not be shared with the public without the express permission of the contributing state. Notwithstanding any such designation, such information shall be reported to the commission through the data system.
(f) Any information submitted to the data system which is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system upon reporting of such by the participating state to the commission.
(g) The records and information provided to a participating 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 participating state.
(Act 2026-264, §8.)
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Commission rules shall become binding as of the date specified by the commission for each rule.
(b) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer this compact and achieve its purposes. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, or based upon another applicable standard of review.
(c) The rules of the commission shall have the force of law in each participating state, provided that where the rules of the commission conflict with the laws of the participating state that establish the medical services a PA may perform in the participating state, as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(d) If a majority of the legislatures of the participating states rejects a commission rule by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.
(e) Commission rules shall be adopted at a regular or special meeting of the commission.
(f) 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 will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) To persons who have requested notice of the commission’s notices of proposed rulemaking; and
(3) In such other ways as the commission, by rule, may specify.
(g) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing on the proposed rule and the proposed time, date, and location of the meeting in which the proposed rule will be considered and voted upon;
(2) The text of the proposed rule and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person and the date by which written comments must be received; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing or provide any written comments.
(h) Prior to 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.
(i) If the hearing is to be held via 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 as directed in the notice of proposed rulemaking, not less than five business days before the scheduled date of the hearing, notify the commission of their desire to appear and testify at 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 and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings required by this section.
(j) Following the public hearing, the commission shall consider all written and oral comments timely received.
(k) The commission, by majority vote of all delegates, shall take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking record and the full text of the rule.
(1) If adopted, the rule shall be posted on the commission’s website.
(2) The commission may adopt changes to the proposed rule, provided the changes do not enlarge the original purpose of the proposed rule.
(3) The commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(4) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30 days after the commission issued the notice that it adopted the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours prior notice, without the 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, and 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 by the commission in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or participating state funds;
(3) Meet a deadline for the adoption of a commission rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted commission rule 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 as set forth in the notice of revisions and delivered to 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.
(n) No participating state’s rulemaking requirements shall apply under this compact.
(Act 2026-264, §9.)
(a) Oversight.
(1) The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this section shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission’s rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process shall render a judgment or order in such proceeding void as to the commission, this compact, or commission rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer 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 this compact upon an affirmative vote of a majority of the delegates of the participating states, and all rights, privileges, and benefits conferred by this compact upon such state 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 participation in this 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 the licensing board or licensing boards of each of the participating 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 this compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal its termination from the compact by 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.
(7) Upon the termination of a state’s participation in the compact, the state shall immediately provide notice to all licensees within that state of the termination:
a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for 180 days following the effective date of the termination; and
b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for 180 days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case the compact privilege shall continue.
(c) Dispute resolution.
(1) Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact which arise among participating states and between participating and non-participating 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 of this compact and rules of the commission.
(2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this compact and the commission’s adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) 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.
(e) Legal action against the commission.
(1) A participating state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(2) No person other than a participating state shall enforce this compact against the commission.
(Act 2026-264, §10.)
(a) This compact shall come into effect on the date on which this compact statute is enacted into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening charter participating states to determine if the statute enacted by each charter participating state is materially different than the model compact.
a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in Section 34-24-307.09(b).
b. If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in Section 34-24-307.06(c)(21) to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(2) Participating states enacting the compact subsequent to the seven initial charter participating states shall be subject to the process set forth in Section 34-24-307.06(c)(21) to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(b) Any state that joins this compact shall be subject to the commission’s rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
(c) Any participating state may withdraw from this compact by enacting a statute repealing the same.
(1) A participating state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. During this 180-day period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the 180 days, the licensee’s compact privileges in other participating states shall not be affected by the passage of the 180 days.
(2) Withdrawal shall not affect the continuing requirement of the state licensing board or licensing boards of the withdrawing state to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. The withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state which does not conflict with the provisions of this compact.
(e) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.
(Act 2026-264, §11.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-24-307.09(b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
(Act 2026-264, §12.)
(a) Nothing in this compact prevents the enforcement of any other law of a participating state which is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.
(c) All agreements between the commission and the participating states are binding in accordance with their terms.
(Act 2026-264, §13.)
(a) There is created the Medical Licensure Commission composed of seven physicians, each of whom shall be either a doctor of medicine or a doctor of osteopathy and be licensed to practice medicine or osteopathy in this state. The members of the commission shall be appointed as follows: Two physicians shall be appointed by the Lieutenant Governor; two physicians shall be appointed by the Speaker of the House of Representatives; and the remaining three physicians shall be appointed by the Governor. Each member of the commission shall be a citizen of this state and the membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The members shall serve a five-year term with no limit as to the number of terms a member can serve. In order to stagger the terms, the initial appointment shall be as follows: The two members appointed by the Lieutenant Governor shall serve a five-year term, the two members appointed by the Speaker shall serve a four-year term, one member appointed by the Governor shall serve a three-year term, one member appointed by the Governor shall serve a two-year term, and one member appointed by the Governor shall serve a one-year term.
(b) Within 30 days following October 1, 1995, the Governor shall appoint one public member to the commission for an initial term of five years and thereafter shall appoint successor public members to serve terms of five years. There shall be no limitation upon the number of terms a public member may serve. The public member shall continue to serve beyond the expiration of his or her current term until a successor has been appointed. No public member shall be a licensee of the commission or hold a professional degree in any health care field or practice as a licensed health care professional. The public member shall be entitled to participate and vote in all matters before the commission.
(Acts 1981, No. 81-218, p. 273, §1; Acts 1995, No. 95-277, p. 499, §1; Act 2009-34, p. 113, §3.)
The above constituted commission shall have the exclusive power and authority to issue, revoke, and reinstate all licenses authorizing the licensee to practice medicine or osteopathy in the State of Alabama. The commission shall have the authority to promulgate such reasonable rules and regulations as it deems proper for implementing and carrying out the provisions of this article. However, prior to exercising its power and authority to issue, revoke, or reinstate licenses, or to promulgate rules and regulations, the Medical Licensure Commission shall receive and consider but not be bound by the recommendation of the State Board of Medical Examiners.
(Acts 1981, No. 81-218, p. 273, §2.)
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.
(Act 2003-370, p. 1046, §1.)
All personnel and facilities necessary to administer and enforce this article shall be furnished by the State Board of Medical Examiners. All money, funds, fees, charges, and other receipts provided for in this article shall be paid to the State Board of Medical Examiners and used by the board to carry out the provisions of this article.
(Acts 1981, No. 81-218, p. 273, §3.)
(a) The State Board of Medical Examiners may employ investigators, attorneys, agents, and any other employees and assistants or use any other means necessary to aid the commission in bringing about and maintaining a rigid administration and enforcement of this article, and the board may incur reasonable, necessary, and proper expenses for assisting the commission and for implementing this article and all laws regulating the practice of medicine or osteopathy within the State of Alabama. The commission and the board may request assistance from the Attorney General, district attorneys, or other prosecuting attorneys of this state in the various circuits and counties. All prosecuting attorneys throughout the state shall assist the commission or the board, upon request of either, in any action for injunction or any prosecution without charge or additional compensation.
(b) The board may employ consultants to render professional services such as, but not limited to, reviewing medical records and providing expert testimony in contested cases, to aid the board in carrying out its lawful responsibilities of regulating the practice of medicine or osteopathy within the State of Alabama. Consultants shall be compensated for professional services at rates established by the board by regulation. In addition, consultants shall be reimbursed for actual reasonable expenses for travel, lodging, meals, long distance telephone expense, and other expenses reasonably incurred in the performance of the consultant’s professional services.
(c) Members of the board may render professional services to the board as consultants and shall be reimbursed for those services and for expenses as provided in paragraph (b) above. No board member shall be reimbursed under this section for any day that the board member receives per diem and mileage reimbursement for attendance at board functions and travel pursuant to Section 34-24-54.
(Acts 1981, No. 81-218, p. 273, §4; Acts 1993, No. 93-148, p. 202, §3.)
The State Board of Medical Examiners may acquire and hold, in its own name, real property by purchase, gift, 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, the board may expend its own funds, and any obligations created in connection with the purchase of the real property shall solely and exclusively be obligations of the board and 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 lease hold 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, 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.
(Act 2005-39, p. 54, §1.)
It shall be the duty of the State Board of Medical Examiners to issue a certificate of qualification to the Medical Licensure Commission certifying each applicant for a license who has successfully passed the required examination or whose application for a license or certificate of qualification by reciprocity has been acted upon favorably by the board, or whose application for a certificate of qualification without examination or application for reinstatement of a certificate of qualification has been acted upon favorably by the board. Any applicant whose application either for an initial certificate of qualification or for reinstatement of a certificate of qualification is not acted upon favorably by the board shall have the right of appeal to the commission which shall have the authority to either affirm the board’s action or order the board to issue a certificate of qualification to the applicant.
(Acts 1981, No. 81-218, p. 273, §5.)
A licensee who seeks to be licensed in another state by reciprocity on the basis of his or her Alabama license shall have his or her application therefor certified by the State Board of Medical Examiners and approved by the Medical Licensure Commission. The fee for this certification shall be $10 and shall be paid to the board.
(Acts 1981, No. 81-218, p. 273, §6.)
A licensee whose license has been lost or destroyed may make application to the Medical Licensure Commission for a replacement license certificate. Such application shall be accompanied by an affidavit stating the facts concerning the loss or destruction of the license. Any licensee whose name has changed by marriage or court order may surrender his or her license and make application to the Medical Licensure Commission for a replacement certificate. Such application shall be accompanied by legal documentation as required by the Medical Licensure Commission. The fee for any replacement license certificate shall not exceed fifty dollars ($50) and shall be payable to the Medical Licensure Commission.
(Acts 1981, No. 81-218, p. 273, §7; Act 2007-402, p. 807, §1.)
(a) When an applicant for a license to practice medicine or osteopathy has complied fully with all requirements of the law regulating the practice of medicine or osteopathy, the board shall issue a certificate of qualification to the commission certifying the qualification of such person, and thereafter such applicant may apply to the commission for a license to practice medicine or osteopathy for which such certificate indicates his or her qualification. If the commission finds that the applicant is of good moral character and has been duly certified by the board, the commission shall issue to such applicant a license, unless it appears to the commission that there is other good and reasonable cause for refusing to issue such license, it being the purpose and intent of this section to give the Medical Licensure Commission overall supervision, discretion, and judgment with respect to the issuance of licenses authorizing the licensee to practice medicine or osteopathy within the State of Alabama.
(b) The commission may, at its discretion, issue a license to practice medicine to an applicant who has been issued a certificate of qualification under the Retired Senior Volunteer Program. A license issued under this section shall contain the following information upon the face of the document: “Issued subject to restrictions under the Retired Senior Volunteer Program.” Such license shall be issued by the commission without cost to the applicant. Each license shall state on its face that it is valid for a period of one calendar year and the expiration date. A license issued by the commission under this subsection may be revoked, suspended, restricted, placed on probation, or subjected to other sanctions for the same causes and reasons and in the same manner as provided by law for the disciplining of a physician’s license to practice medicine.
(Acts 1981, No. 81-218, p. 273, §8; Act 2004-299, p. 422, §2.)
Upon the filing of a certificate of qualification along with an application in proper form, if the commission is satisfied that all requirements of the law have been met, and that such application should be approved in the interest of public welfare, it shall forthwith issue to the applicant a license of a size and artistic design to be determined by the commission.
Every such license issued by the commission shall be dated and be numbered in the order of issuance and shall be signed by the Chairman of the Medical Licensure Commission or his or her designate and by the Chairman of the State Board of Medical Examiners or his or her designate. The fee for such license shall be set by the commission but shall not exceed three hundred dollars ($300).
(Acts 1981, No. 81-218, p. 273, §9, Act 2002-140, p. 359, §1.)
In the event the Medical Licensure Commission determines that the application of any person for a license should be denied, the commission shall promptly upon reaching its decision notify the applicant of its action, and such notice shall contain the reason for the commission’s denial of the application. In all cases where an application is denied, any fee which accompanied the application for the license shall not be refunded, and no applicant shall have the right to recover any part of such fee accompanying his or her application for license, the board being empowered to retain all of the fee in order to reimburse the state for expenses incident to an investigation of the applicant and the credentials certified to the commission.
(Acts 1981, No. 81-218, p. 273, §10.)
(a) It shall be the duty of the State Board of Medical Examiners to promote continuing medical education of all physicians and osteopaths licensed by the commission and is empowered to spend a portion of its funds in any manner it deems desirable for carrying out this purpose. The board is specifically empowered to provide funds to any nonprofit corporation for the purpose of conducting continuing medical education programs without being bound by the provisions of any law requiring competitive bidding. Such programs must be open to all licensed physicians and osteopaths without regard to membership in any professional organization.
(b) The board shall adopt a program of continuing medical education for all licensees living in the State of Alabama not later than October 1, 1991. After that date, successful completion of the requirements of the continuing medical education program shall be a requisite for license renewal. Licensees who reside outside of Alabama are exempt from the provisions of this subsection.
(c) Effective January 1, 2003, the board may require all physicians and osteopaths to successfully complete a prescribed course of continuing medical education on a subject or subjects designated by the board. The board may prescribe by regulation a fixed period of time or deadline for completion of the prescribed continuing medical education course or courses. The board may make provision for a physician or osteopath to be excused from this requirement for reasons satisfactory to the board. The Medical Licensure Commission of Alabama may, subject to notice and hearing, within its discretion, indefinitely suspend the license to practice medicine of a physician or osteopath who fails to successfully complete the course or courses of continuing medical education required by this subsection or impose administrative fines or other penalties as authorized by Section 34-24-381.
(Acts 1981, No. 81-218, p. 273, §11; Acts 1989, No. 89-244, p. 357, §3; Act 2002-140, p. 359, §1.)
(a) Renewal of license. Every person licensed to practice medicine or osteopathy in the State of Alabama shall, on or before December 31 of each succeeding year, apply to the commission for renewal of a certificate of registration which shall be effective during the next calendar year. All new licenses issued by the commission, upon application, shall be registered by the commission at the time of issuance, and a certificate of registration, which shall be effective until and including the following December 31, shall be issued to the licensee. Each renewal application shall be made on a form to be furnished by the commission. The application shall give the name of the applicant in full, his or her address, the date and number of the license issued to the applicant for the practice of medicine or osteopathy, and such other facts as shall tend to identify the applicant for registration as the commission shall deem necessary. Each applicant for registration shall submit with the application payment in an amount to be set by the commission, not to exceed five hundred dollars ($500), as a registration fee.
(b) Late fee. Each applicant for registration submitting a renewal application during the period of time, January 1 through January 31, in addition to the registration fee set forth herein, shall pay to the commission a late fee in an amount to be set by the Medical Licensure Commission not to exceed two hundred dollars ($200).
(c) Grace period. When a licensee fails to renew his or her license on or before December 31, the license shall remain in full force and effect during the period January 1 through January 31.
(d)(1) When any licensee shall fail to register and pay the annual registration fee and late fee on or before January 31, as provided in this section, the license of such person shall automatically become inactive without further notice or hearing and such person shall not be authorized to practice medicine; provided, that any person whose license becomes automatically inactive as provided herein may make application in writing to the commission for the reinstatement of such license, which shall be accompanied by payment of all fees which would have been assessed for past renewal periods and the sum of two hundred fifty dollars ($250) not to exceed a total of eight hundred fifty dollars ($850) for each reinstatement.
(2) In addition to other requirements established by law and for the purpose of determining an applicant’s suitability for reinstatement of a license to practice medicine, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints to the Medical Licensure Commission, or any channeler approved by the board. The commission, or its channeler, shall submit the fingerprints provided by each applicant for reinstatement of a license to practice medicine to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI 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 and are payable directly to the commission, or its designee. The Medical Licensure Commission shall keep information received pursuant to this section confidential, except that any such information received and relied upon in denying the reinstatement of a license to practice medicine in this state may be disclosed as necessary to support the denial.
(3) Reinstatement of the license shall be accomplished in accordance with subsections (e) to (j), inclusive.
(e) Within five days after receipt of the written application for reinstatement, the fees as provided above, fingerprints, and related information, the commission shall notify the Board of Medical Examiners that the applicant has applied for reinstatement and shall furnish the board with a copy of the application for reinstatement. Within 60 days from the receipt of the application for reinstatement by the commission, the board may file with the commission a notice which shall be termed a “NOTICE OF INTENT TO CONTEST REINSTATEMENT”. The contents of the notice shall be sufficient to inform the commission that the board has probable cause to believe that grounds exist for the denial of the application for reinstatement and informing the commission that a hearing is requested before the commission prior to the reinstatement of the license of the applicant. A copy of the NOTICE OF INTENT TO CONTEST REINSTATEMENT shall be sent by the commission to the applicant by certified mail return receipt.
(f) After 60 days from the date that the commission receives the application for reinstatement if the board has not filed a NOTICE OF INTENT TO CONTEST REINSTATEMENT, or at any time that the board notifies the commission in writing that it has determined not to file a NOTICE OF INTENT TO CONTEST REINSTATEMENT or that it has determined to withdraw a NOTICE OF INTENT TO CONTEST REINSTATEMENT previously filed, then the commission shall reinstate the license of the applicant.
(g) Within 30 days after the filing of a NOTICE OF INTENT TO CONTEST REINSTATEMENT, the board shall file with the commission a written complaint which shall be served upon the applicant and set down for hearing by the commission in the manner prescribed in subsection (e) of Section 34-24-361.
(h) The commission may deny reinstatement of a license upon a finding that the applicant has committed any of the acts or offenses set forth in Sections 34-24-360, 34-24-57, 16-47-128, or any other provision of law establishing grounds for the revocation, suspension, or discipline of a license to practice medicine. In addition, the commission may reinstate the license and impose any penalty, restriction, or condition of probation provided for in subsection (h) of Section 34-24-361 and Section 34-24-381 as the commission deems necessary to protect the public health and the patients of the applicant. If, at the conclusion of the hearing, the commission determines that no violation has occurred, the license of the applicant shall be reinstated.
(i) All hearings and appeals under this section shall be governed by Sections 34-24-310 to 34-24-384, inclusive, and the Alabama Administrative Procedure Act.
(j) When a license to practice medicine becomes inactive under subsection (d) of this section for nonpayment of the annual registration fee, the commission shall not be deprived of jurisdiction to hear and adjudicate written complaints filed by the Board of Medical Examiners under subsection (e) of Section 34-24-361 and subsection (g) of this section. In all cases where an application for reinstatement is denied, the fees which accompany the application for reinstatement shall not be refunded and no applicant shall have the right to recover any part of such fees, the board being empowered to retain all of the fees in order to reimburse the state of expenses incident to the investigation of the applicant and the conduct of hearings as provided in this section.
(Acts 1981, No. 81-218, p. 273, §12; Acts 1994, No. 94-195, p. 249, §1; Act 2001-268, p. 325, §3; Act 2007-402, p. 807, §1; Act 2008-397, p. 771, §1; Act 2021-100, §1.)
Upon due application therefor, by a licensee of the Medical Licensure Commission, and upon the payment of fees required to be paid by this article, the commission shall issue to such applicant a certificate of registration signed by the executive officer of the commission, which certificate shall recite that such person is duly registered for the year specified.
Such certificate of registration shall contain the name of the person to whom it is issued, the address of the person, the date and number of the license and such other information as the commission shall deem advisable.
If any registrant shall change his address during the year for which any certificate of registration shall have been issued by the commission, such registrant shall, within 15 days thereafter, notify the commission of such change, whereupon the commission shall issue to such registrant without additional fee, a duplicate registration certificate for such new location.
(Acts 1981, No. 81-218, p. 273, §13.)
Any person licensed to practice medicine or osteopathy in this state, who is retired or may hereafter retire from such practice, shall not be required to register as required by this article; provided, that such person shall file with the commission an affidavit on a form to be furnished by the commission, and such affidavit shall state the date on which the person retired from such practice and such other facts as shall tend to verify such retirement as the commission shall deem necessary; provided, that if such person thereafter reengages in the practice of medicine or osteopathy such person shall register with the Medical Licensure Commission as provided by this article.
(Acts 1981, No. 81-218, p. 273, §14.)
(a) Fees for the issuance of licenses to practice medicine or osteopathy and registration fees shall be collected and kept by the State Board of Medical Examiners which shall furnish all employees and facilities utilized by the commission. The State Board of Medical Examiners shall continue to collect fees for examination, certificates of qualification, and such other fees as are authorized by law or this article.
(b) Fees for physicians participating in a collaborative practice with a certified registered nurse practitioner or a certified nurse midwife shall be collected and kept by the State Board of Medical Examiners. The fee for a physician participating in a collaborative practice shall be set by the State Board of Medical Examiners, in an amount not to exceed two hundred dollars ($200).
(Acts 1981, No. 81-218, p. 273, §15; Act 2007-402, p. 807, §1.)
The Medical Licensure Commission, in addition to the powers and duties expressed in this article with respect to the denial of a license, denial of a certificate of registration, and suspension or revocation of a license, is empowered to commence and maintain in its own name in any circuit court having jurisdiction of any person within this state, who is practicing without a license or to whom a license has been denied, or to whom a certificate of registration has been denied or whose license has been suspended or revoked by action of the commission, an action in the nature of quo warranto as provided for in Section 6-6-590 et seq., as the same is now or may hereafter be amended, to order such person to cease and desist from continuing to practice medicine or osteopathy within the State of Alabama, and jurisdiction is conferred upon the circuit courts of this state to hear and determine all such cases. The commission may commence and maintain such action without the filing of a bond or security and without the order or direction of a circuit judge. Nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall such court, as an incident to the action in the nature of quo warranto herein authorized, have the power to assess the criminal penalties herein set out. An injunction shall be issued upon proof that the person is now or has in the past engaged in the unlawful practice of medicine or osteopathy without requiring proof of actual damage sustained by any person. If such injunction is issued, the injunction shall not relieve any person, corporation, or association, nor the officers or directors thereof, from criminal prosecution for the unlawful practice of medicine or osteopathy.
(Acts 1981, No. 81-218, p. 273, §16.)
No provision of this article shall be construed as repealing any other law with reference to the requirements regulating the practice of medicine or osteopathy except insofar as the same may conflict with the provisions of this article. It is the purpose of this article to vest exclusively in the Medical Licensure Commission the power to issue, revoke, and reinstate all licenses to practice medicine or osteopathy.
Any person who receives a license to practice medicine or osteopathy shall, within 10 days after locating in a county, file the license in the office of the judge of probate of such county for records; and, should the practitioner remove his or her residence to another county, he or she shall within that time have his or her license recorded in that county.
(Acts 1981, No. 81-218, p. 273, §17.)
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.
(Acts 1981, No. 81-218, p. 273, §18; Act 2008-397, p. 771, §1.)
(a) Subject to subsection (b), the licensing requirements of this chapter do not apply to any person who holds a current unrestricted license to practice medicine or osteopathy in another state when the person, pursuant to a written agreement with an athletic team located in that state provides medical services to any member of the official traveling party.
(b) In providing medical services pursuant to subsection (a), the person may not provide medical services at a health care facility including, but not limited to, a hospital, an ambulatory surgical facility, or any other facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis.
(Act 2015-451, §1.)
The Medical Licensure Commission shall have the power and duty to suspend, revoke, or restrict any license to practice medicine or osteopathy in the State of Alabama or place on probation or fine any licensee whenever the licensee shall be found guilty on the basis of substantial evidence of any of the following acts or offenses:
(1) Fraud in applying for or procuring a certificate of qualification to practice medicine or osteopathy or a license to practice medicine or osteopathy in the State of Alabama.
(2) Unprofessional conduct as defined herein or in the rules and regulations promulgated by the commission.
(3) Practicing medicine or osteopathy in such a manner as to endanger the health of the patients of the practitioner.
(4) Conviction of a felony; a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence.
(5) Conviction of any crime or offense which reflects the inability of the practitioner to practice medicine or osteopathy with due regard for the health or safety of his or her patients; a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence.
(6) Conviction for any violation of a federal or state law relating to controlled substances; a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence.
(7) Use of any untruthful or deceptive or improbable statements concerning the licensee’s qualifications or the effects or results of his or her proposed treatment.
(8) Distribution by prescribing, dispensing, furnishing, or supplying of controlled substances to any person or patient for any reason other than a legitimate medical purpose.
(9) Gross malpractice or repeated malpractice or gross negligence in the practice of medicine or osteopathy.
(10) Division of fees or agreement to split or divide the fees received for professional services with any person for bringing or referring a patient.
(11) Performance of unnecessary diagnostic tests or medical or surgical services.
(12) Charging fees determined by the commission to be grossly excessive or intentionally filing or causing to be filed false or fraudulent claims, as defined by the commission, for medical or surgical services to any private or government third party payor having a legal or contractual obligation to pay such claims on behalf of a patient.
(13) Aiding or abetting the practice of medicine by any person not licensed by the commission.
(14) Conviction of fraud in filing Medicare or Medicaid claims or conviction of fraud in filing claims to any third party payor; a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence.
(15) Any disciplinary action taken by another state against a licensee to practice medicine or osteopathy, based upon acts by the licensee similar to acts described in this section; a certified copy of the record of the disciplinary action of the state making such an action is conclusive evidence thereof.
(16) Refusal to appear before the State Board of Medical Examiners after having been formally requested to do so in writing by the executive director of the board.
(17) Making any fraudulent or untrue statement to the commission or to the State Board of Medical Examiners.
(18) The termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction, or resignation of staff privileges of a licensee by a hospital in this or any other state when such action is related to negligence or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse.
(19)a. Being unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
b. When the issue is whether or not a doctor is physically or mentally capable of practicing medicine or osteopathy with reasonable skill and safety to patients, then, upon a showing of probable cause to the board or commission that the doctor is not capable of practicing medicine or osteopathy with reasonable skill and safety to patients, the board or commission may order and direct the doctor in question to submit to either a physical, mental, or laboratory examination or any combination of such examinations to be performed by a physician or osteopath designated by the board. The expense of such examination shall be borne by the physician or osteopath who is so examined.
c. Every physician licensed to practice medicine or osteopathy in the State of Alabama who accepts the privilege of practicing medicine or osteopathy in the State of Alabama by actually practicing or by the making and filing of an annual registration to practice medicine shall be deemed to have given his or her consent to submit to a mental, physical, or laboratory examination or to any combination of such examinations and to waive all objections to the admissibility of the examining physician’s testimony or examination reports on the ground that they constitute privileged doctor-patient communications.
d. Upon receipt of credible information that a physician or osteopath in this state has been evaluated or has received inpatient or outpatient treatment for any physical, psychiatric, or psychological illness or for chemical dependency, drug addiction, or alcohol abuse the board may order that the physician execute and deliver to the board an authorization and release form directed to each and every facility or treatment provider authorizing and directing the release to the board of any reports of evaluation, mental or physical, or examination, including psychiatric, psychological, and neuropsychiatric examinations, hospital and treatment provider medical records, reports of laboratory tests for the presence of alcohol or drugs, rehabilitation records or mental competency evaluations. Any and all expenses incurred in the furnishing of the reports, records, or documents which are the subject of an order issued by the board shall be borne by the physician or osteopath who is the subject of the order.
e. Failure or refusal by the physician or osteopath to comply with an order of the board directing the execution and delivery to the board of an authorization and release form as provided in paragraph d. above shall constitute grounds for the summary suspension of the physician’s or osteopath’s license to practice medicine by the Medical Licensure Commission, which suspension shall continue in effect until such time as the physician or osteopath complies with the order of the board or the order is withdrawn by the board or the order is terminated by the Medical Licensure Commission after a hearing. The provisions of this subsection supersede any provisions of subsection (d) of Section 41-22-19 of the Alabama Administrative Procedure Act that are in conflict.
f. All reports, records, and documents released to the board under the provisions of paragraph d. above are hereby declared to be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings but may be used by the board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the board or by the Medical Licensure Commission.
Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the State Board of Medical Examiners or the Medical Licensure Commission.
g. A physician or osteopath whose license to practice medicine has been suspended by the Medical Licensure Commission under the authority of paragraph e. above may obtain judicial review in accordance with Sections 41-22-20 and 34-24-367.
(20)a. Being unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of a demonstrated lack of basic medical knowledge or clinical competency.
b. When the issue is whether or not a physician or osteopath has demonstrated a lack of basic medical knowledge or clinical competency then, upon a showing of probable cause to the board that the physician or osteopath is not presently capable of practicing medicine or osteopathy with reasonable skill and safety to patients, the board may order and direct that the physician or osteopath in question submit to a test of medical knowledge as designated by the board or to an evaluation of clinical competency by such means as directed by the board or to any combination of such examinations or evaluations, to be performed by or under the direction of a testing, evaluation, or examination facility or provider approved by the board. The expense of such examinations and evaluations shall be borne by the physician or osteopath who is examined or evaluated.
c. Failure or refusal by a physician or osteopath to comply with an order of the board issued pursuant to paragraph b. above shall constitute grounds for the summary suspension of the physician’s or osteopath’s license to practice medicine by the Medical Licensure Commission, which suspension shall continue in effect until such time as the physician or osteopath complies with the order of the board or the order is withdrawn by the board or the order is terminated by the Medical Licensure Commission after a hearing. The provisions of this subsection supersede any provisions of subsection (d) of Section 41-22-19 of the Alabama Administrative Procedure Act that are in conflict.
d. A physician or osteopath whose license to practice medicine has been summarily suspended by the Medical Licensure Commission under the authority of paragraph c. above may obtain judicial review in accordance with Sections 41-22-20 and 34-24-367.
e. In the event that an examination or evaluation ordered by the board under the authority of paragraph b. above demonstrates that the physician or osteopath lacks basic medical knowledge or clinical training sufficient to engage in the practice of medicine with reasonable skill and safety to patients, then the board may order that a restriction be placed upon the certificate of qualification and license to practice medicine of the physician or osteopath which restriction may require:
The medical practice of the physician or osteopath in question be limited or restricted in a manner consistent with the findings of the examination or evaluation.
That the physician or osteopath successfully complete a course or courses of remedial education or clinical training as directed by the board.
That the physician or osteopath successfully pass or complete an examination of basic medical knowledge or clinical competency as designated by the board.
Any combination of the foregoing.
The expense of any of the examinations, evaluations, and educational or training courses which are the subject of a restriction imposed by the board on the certificate of qualification and license to practice medicine shall be borne by the physician or osteopath in question. A physician or osteopath whose certificate of qualification and license to practice medicine has been restricted by the board under the authority of this section may request a hearing before the Medical Licensure Commission of Alabama. At such hearing it shall be the burden of the board to demonstrate to the reasonable satisfaction of the commission that the restriction or restrictions are consistent with the findings of the examination or evaluation ordered by the board. All hearings before the Medical Licensure Commission shall be conducted on an expedited basis and any restricting or restrictions shall not be stayed by the commission during the pendency of the hearing. The Medical Licensure Commission may consider, in any hearing resulting from a decision of the board to impose a restriction or restrictions on the certificate of qualification and license to practice medicine of the physician or osteopath in question, the results of all examinations or evaluations of basic medical knowledge or clinical competency upon which the board relied and such other evidence as the commission deems relevant to the issues presented. In rendering a decision, the Medical Licensure Commission is authorized to affirm the restriction or restrictions, modify the restriction or restrictions, or order the removal of the restriction or restrictions imposed by the board.
f. A physician or osteopath adversely affected by a decision of the Medical Licensure Commission resulting from a hearing under the preceding paragraph e. may obtain judicial review in accordance with Sections 41-22-20 and 34-24-367.
g. The Medical Licensure Commission may, within its discretion, revoke or suspend the license to practice medicine of a physician or osteopath who fails to abide by or violates a restriction imposed by the board on the certificate of qualification and license to practice medicine of the physician or osteopath in question, or may impose administrative fines or other penalties as authorized by Section 34-24-361 and Section 34-24-381.
(21) Excessive prescribing, dispensing, furnishing, or supplying of a Schedule II controlled substance. A physician or osteopath violates this subdivision if he or she prescribes, orders, dispenses, administers, supplies, or otherwise distributes any Schedule II amphetamine or Schedule II amphetamine like anorectic drug or Schedule II sympathomimetic amine drug or compound thereof, or any salt, compound, isomer, derivative, or preparation of the foregoing which are chemically equivalent thereto, or other nonnarcotic Schedule II stimulant drug, which drugs or compounds are classified under Schedule II of the Alabama Uniform Controlled Substances Act, Section 20-2-24, to any person except for the therapeutic treatment of:
a. Narcolepsy.
b. Hyperkinesis.
c. Brain dysfunction of sufficiently specific diagnosis, or etiology which clearly indicates the need for these substances in treatment or control.
d. Epilepsy.
e. Differential psychiatric evaluation of clinically significant depression; provided however, that such treatment shall not extend beyond a period of 30 days unless the patient is referred to a licensed practitioner specializing in the treatment of depression.
f.1. Clinically significant depression shown to be refractory to other therapeutic modalities; provided however, that such treatment shall not extend beyond a period of 30 days unless the patient is referred to a licensed practitioner specializing in the treatment of depression; or for the clinical investigation of the effects of such drugs or compounds in which case an investigative protocol must be submitted to and reviewed and approved by the State Board of Medical Examiners before the investigation has begun.
(22) Failure to maintain for a patient a medical record which meets the minimum standards stated in the rules and regulations promulgated by the commission.
(23) Failure to comply with any rule of the Board of Medical Examiners or Medical Licensure Commission.
(Acts 1981, No. 81-218, p. 273, §19; Acts 1983, 4th Ex. Sess., No. 83-890, p. 121, §3; Acts 1987, No. 87-389, p. 555, §1; Act 2002-140, p. 359, §3; Act 2007-402, p. 807, §1.)
The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners and the Medical Licensure Commission are each authorized to promulgate such rules and regulations as may be required to implement the provisions of Section 34-24-360.
(Acts 1983, 4th Ex. Sess., No. 83-890, p. 121, §4.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) BOARD. The Alabama Board of Medical Examiners, as provided in Division 1 of Article 3.
(2) COMMISSION. The Medical Licensure Commission of Alabama, as provided in this article.
(3) LICENSE. The same meaning as defined in Section 41-9A-1.
(4) OFF-LABEL MEDICAL TREATMENT. The use of a drug, biological product, or device approved by the United States Food and Drug Administration (FDA) in any manner other than the use approved by the FDA.
(5) PHYSICIAN. An individual licensed to practice medicine in this state.
(b) Neither the board nor the commission may revoke, suspend, fail to renew, or take action against a physician’s license based solely on his or her recommended or prescribed off-label medical treatment, unless the physician’s recommended or prescribed off-label medical treatment presents a threat of significant harm to his or her patients or to the general public.
(c) This section shall not apply to the prescribing, administration, or dispensing of any controlled substances, as defined in Section 20-2-2.
(Act 2024-414, §1.)
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence which appears to show that a physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation, the board may require a criminal history background check of the physician or osteopath. In such event, the physician or osteopath shall submit a complete set of fingerprints to the State Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints provided by the physician or osteopath to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI 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 physician or osteopath and are payable directly to the board or its designee. The State Board of Medical Examiners shall keep information received pursuant to this section confidential, except that such information received and relied upon in an investigation by the board may be disclosed to the physician or osteopath.
(2) The board may, within its discretion and for cause, order and direct that a physician or osteopath successfully complete a course or courses of continuing medical education on subjects related to the findings of the investigation of the board. The course or courses of continuing medical education ordered by the board may not exceed 50 credit hours of instruction within the calendar year in which the order is entered. Failure or refusal to comply with the order or directive of the board entered pursuant to this subdivision shall constitute grounds, after notice and a hearing, for the suspension of the license to practice medicine of the physician or osteopath in question by the Medical Licensure Commission which shall continue in effect until such time the physician or osteopath has complied with the order or directive or the board has rescinded or withdrawn the order or directive.
(b) Any physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama shall and is hereby required to, and any other person may, report to the board or the commission any information such physician, osteopath, or other person may have which appears to show that any physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama may be guilty of any of the acts, offenses, or conditions set out in Section 34-24-360, and any physician, osteopath, or other person who in good faith makes such a report to the board or to the commission shall not be liable to any person for any statement or opinion made in such report.
(c) If in the opinion of the board it appears that such information provided to it under this section may be true, the board may request a formal interview with the physician or osteopath.
(d) If the physician or osteopath invited to a formal interview before the board refuses to appear for such interview, the commission shall have grounds to suspend or revoke the certificate of qualification of such physician or osteopath.
(e) Any proceeding for suspension or revocation of a license to practice medicine or osteopathy in the State of Alabama shall be conducted in accord with the following procedures:
(1) A written administrative complaint signed by any member of the State Board of Medical Examiners, any duly licensed physician or osteopath, the executive officers of the commission, or any other person shall be filed with the Medical Licensure Commission.
(2) The executive officer of the commission shall set a date for the hearing of the administrative complaint, shall notify the physician or osteopath against whom the administrative complaint was filed of the time and place of the hearing, and shall forward to such physician or osteopath a copy of the administrative complaint filed against him or her.
(3) The notice shall be served upon the physician or osteopath against whom the complaint was filed at least 20 days prior to the hearing date.
(4) The notice may be served by any sheriff of the State of Alabama or by any person designated by the executive officer of the commission, and if served by a person designated by the executive officer, the return of service shall be sworn to by that person before some officer authorized to administer oaths.
(5) If the physician or osteopath against whom a complaint has been filed is out of the state, or evades service, or cannot be served in person, then the service shall be made by mailing a copy of the complaint and of the notice to that person at his or her last known post office address in this state, and the return shall show that service has been made in this manner.
(6) The investigation shall be held with as little publicity as practicable, consistent with a fair and impartial hearing.
(7) At the hearing, the physician or osteopath against whom the complaint has been filed shall have the right to be represented by counsel and shall have the right to call any witnesses germane to the issues under consideration.
(8) The administrative complaint may be amended without leave of the commission at any time more than 45 days before the first setting of the case for hearing. Thereafter, the commission may permit the administrative complaint to be amended but no amendments shall be permitted that are not germane to the acts, offenses, or conditions originally charged or that materially alters the nature of any act, offense, or condition charged; provided, however, that amendments to conform to the evidence may be allowed in conformance with Rule 15(b), Alabama Rules of Civil Procedure.
(9) The commission shall have the right to determine all questions as to the sufficiency of the complaint, as to procedure, and as to the admissibility and weight of evidence.
(10) If a person whose qualifications are under consideration absents himself or herself, or does not appear after having been given the required notice, the hearing may proceed in his or her absence.
(f) The commission shall, temporarily, suspend the license of a physician or osteopath without a hearing simultaneously with the institution of proceedings for a hearing provided under this section on the request of the State Board of Medical Examiners if the board finds that evidence in its possession indicates that the physician’s or osteopath’s continuation in practice may constitute an immediate danger to his or her patients or to the public. The commission may meet by telephone conference call to act upon any such request.
(g) A physician or osteopath may surrender his or her certificate of qualification or request in writing to the State Board of Medical Examiners that a restriction be placed upon his or her certificate of qualification to practice medicine or osteopathy. The board may accept a surrender or grant such a request for restriction and shall have the authority, if it deems appropriate, to attach such restrictions to the certificate of qualification of the physician or osteopath to practice medicine or osteopathy within the State of Alabama. Removal of a voluntary restriction on a certificate of qualification shall be done only with the approval of the State Board of Medical Examiners. If the board accepts the surrender of a certificate of qualification, it shall notify the commission and the commission shall withdraw the physician’s or osteopath’s license to practice medicine or osteopathy in the State of Alabama. If the board attaches restrictions to a physician’s or osteopath’s certificate of qualification, it shall notify the commission of the restrictions and the commission shall also place the restrictions on the physician’s or osteopath’s license to practice medicine or osteopathy in the State of Alabama. If the board denies a request by an applicant for reinstatement of his or her certificate of qualification or for removal of a voluntary restriction, the applicant shall have the right of appeal to the commission which has the authority to either affirm the board’s action or order the board to modify its action as the commission deems appropriate. Applications requesting reinstatement of a certificate of qualification filed with the Board of Medical Examiners within 24 months of the effective date of the applicant’s voluntary surrender of the certificate of qualification may be dismissed by the board as prematurely filed. An application as described above which is filed with the board more than 24 months following the effective date of the voluntary surrender may be granted or may be set for a hearing before the board. The hearing shall be conducted as a contested case under the Alabama Administrative Procedure Act. The Board of Medical Examiners shall be without jurisdiction to reinstate the certificate of qualification of a physician or osteopath whose certificate of qualification was voluntarily surrendered while under investigation or during the pendency of the administrative hearing if the application for reinstatement of the certificate of qualification is received by the board more than five years after the effective date of the surrender of the certificate of qualification. In the event the Medical Licensure Commission is without jurisdiction to reinstate a license to practice medicine or osteopathy or the Board of Medical Examiners is without jurisdiction to reinstate the certificate of qualification, any existing, corresponding certificate of qualification of any licensee over whom the commission or board has lost the aforementioned jurisdiction, shall become null and void.
(h) Subsequent to the holding of a hearing and the taking of evidence by the commission as provided for in this section, the commission shall request and consider but not be bound by a recommendation from the State Board of Medical Examiners. After receipt of the board’s recommendation, if the commission finds that a physician or osteopath is guilty of any of the acts, offenses, or conditions enumerated in Section 34-24-360, the commission may take any of the following actions or any combinations of the following actions:
(1) Enter a judgment and impose a penalty.
(2) Suspend imposition of judgment and penalty.
(3) Order that the respondent physician or osteopath pay to the board such costs, fees, and expenses as the commission shall deem appropriate.
(4) Impose judgment and penalty, but suspend enforcement thereof by placing the physician or osteopath on probation, which probation shall be revocable if the commission finds the conditions of the probation order are not followed by the physician or osteopath.
(5) As a condition of probation the commission may require the physician or osteopath to submit to care, counseling, or treatment by physicians designated by the commission. The expense of such care, counseling, or treatment shall be borne by the physician or osteopath on probation.
(6) If a license to practice medicine or osteopathy is suspended, revoked, or a licensee placed on probation, the commission may order, as a condition for lifting the suspension or reinstating the license, or as a condition of probation, that the licensee, at his or her own expense, be evaluated or tested for mental or physical impairment, drug or alcohol impairment, medical competence, sexual misconduct or addiction, or behavioral problems. The results of such evaluation or testing may be considered by the commission in making any further or additional orders or rulings with regard to such physician’s or osteopath’s license.
(7) The commission may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of the protection of the public or for the purpose of the rehabilitation of the probationer or both.
(8) If a license to practice medicine or osteopathy in the State of Alabama is suspended, the holder of the license shall not practice during the term of suspension.
(9) Applications for reinstatement of a license to practice medicine or osteopathy which have been revoked or suspended by the commission and applications for modification or termination of probation or removal or modification of restrictions concerning a license to practice medicine or osteopathy filed with the commission within 24 months from the effective date of the commission’s order may, within the discretion of the commission, be dismissed by the commission as prematurely filed, subject to the right of the applicant to refile the application at a later date. An application as described above which is filed with the commission more than 24 months following the effective date of the commission’s order may be granted, or may be set for a hearing before the commission, and such hearing shall be conducted as a contested case under the Alabama Administrative Procedure Act. The Medical Licensure Commission shall be without jurisdiction to reinstate the license to practice medicine or osteopathy of a physician or osteopath whose license was revoked by the commission or voluntarily surrendered while under investigation or during the pendency of an administrative hearing if the application for reinstatement is received more than five years after the effective date of the revocation or surrender of the license.
(i) Complaints submitted for hearing before the Medical Licensure Commission under this section or before the State Board of Medical Examiners or testimony with respect thereto shall be absolutely privileged and no lawsuit predicated thereon may be instituted. Members of the State Board of Medical Examiners, the Medical Licensure Commission, any agent, employee, consultant, or attorney of the board or the commission, the members of any committee of physicians impaneled by the board or the commission, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board or to the commission in connection with an investigation or hearing conducted by the board or the commission as authorized in this article shall be immune from suit for any conduct in the course of their official duties with respect to such investigations or hearings.
(Acts 1981, No. 81-218, p. 273, §20; Acts 1986, No. 86-442, p. 807, §1; Act 2002-140, p. 359, §3; Act 2005-297, 1st Sp. Sess., p. 556, §1; Act 2007-402, p. 807, §1; Act 2008-397, p. 771, §1; Act 2021-100, §1.)
All hearings conducted by the commission shall be closed. The record in such hearings, including witness testimony, exhibits, and pleadings, shall be confidential, shall not be public record, and shall not be available for court subpoena or for discovery proceedings. All administrative complaints, orders to show cause, notices of hearings, and statements of charges, and all amendments thereto, and all orders of the commission which are dispositive of the issues raised thereby, shall be public record.
Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the State Board of Medical Examiners or the Medical Licensure Commission.
(Act 2002-140, p. 359, §4.)
Whenever a license to practice medicine or osteopathy in the State of Alabama has been suspended or revoked, it shall be unlawful for the person whose license has been so suspended or revoked to practice his or her profession in this state, but the commission may issue in behalf of such person, either with or without reexamination, a new license whenever it deems such course safe and just. Prior to such decision to reissue a license, the commission shall request and consider but not be bound by the recommendation of the State Board of Medical Examiners.
(Acts 1981, No. 81-218, p. 273, §21.)
(a) To any such hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand of either side by subpoena signed by the chairman of the commission, or by the executive officer of the commission, and such subpoenas may be served by any sheriff of the State of Alabama, or by the executive officer of the commission or by any person designated by the executive officer; and, if served by anyone other than a sheriff, the return of service shall be sworn to by the person before some officer authorized to administer oaths. Witnesses may be sworn by the chairman or by the person discharging the duties of the chairman. Similar subpoenas may be issued directing the production of books, papers, or documents at the hearing.
(b) In conducting its investigations, the State Board of Medical Examiners shall have the authority to subpoena witnesses and command the production at any of its meetings of such books, documents, records, and papers as it deems pertinent to any matter under investigation. The board, by order of its chairman or executive director, may require any person to produce within this state, at such reasonable time and place as it may designate, any books, documents, records, or papers kept in any office or place without or within this state, or certified copies thereof, whenever the production thereof is reasonably required and pertinent to any matter under investigation before the board, in order that an examination thereof may be made by the board, or by any person employed by the board.
(c) In case of failure or refusal on the part of any person to comply with any subpoena, or on the refusal of any witness to testify or answer as to any matter regarding which he or she may lawfully be interrogated, any circuit court in this state, or any judge thereof, on application of the board or its executive director, may issue an attachment for such person and compel him or her to comply with such order, or to attend before the board and produce such documents and give his or her testimony upon such matters as may be lawfully required, and the court or judge shall have the power to punish for contempt as in cases of disobedience of a like order or subpoena issued by or from such court, or a refusal to testify therein.
(Acts 1981, No. 81-218, p. 273, §22.)
Any witness attending any such hearing or investigation shall immediately upon his or her discharge as a witness be paid by the party requesting the subpoena an amount not to exceed the per diem expense allowed to Alabama state employees for in-state travel and the actual cost of his or her transportation to and from the place of the hearing; not to exceed the mileage rate allowed to Alabama state employees for in-state travel.
(Acts 1981, No. 81-218, p. 273, §23.)
The commission, board or, with the consent of the commission, any party to any proceeding before the commission, may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in circuit courts, such depositions to be taken on a commission to be issued by the executive officer of the commission or by the executive director of the board and made returnable to either the commission or the board.
(Acts 1981, No. 81-218, p. 273, §24.)
The commission shall not order the suspension or revocation of a license unless at least five members of the commission are present and a majority of those present vote for such suspension or revocation. However, the commission may appoint hearing panels consisting of no fewer than three commission members. The public member of the commission may be, but shall not be required to be, a member of each such hearing panel. Such hearing panels are authorized to conduct hearings in contested cases in the same manner as the full commission is authorized to conduct hearings. At the conclusion of each hearing conducted by a hearing panel, such hearing panel shall prepare an order which shall be presented to the full commission for ratification and, if ratified by the commission, such order shall be the order of the commission. It shall not be necessary for the members of the commission not on the hearing panel to review the record of the hearing.
(Acts 1981, No. 81-218, p. 273, §25, Act 2002-140, p. 359, §3.)
Judicial review of the orders and decisions of the Medical Licensure Commission shall be governed by the provisions of Section 41-22-20 (the Alabama Administrative Procedure Act); provided however, that the following procedures shall take precedence over the provisions of Section 41-22-20(c) relating to the issuance of a stay of any order of the licensure commission suspending or revoking a license to practice medicine. The suspension or revocation of a license to practice medicine shall be given immediate effect, it being the expressly stated legislative purpose and intent that the imposition of the penalty of suspension or revocation of a license to practice medicine shall create a presumption that the continuation in practice of the physician constitutes an immediate danger to the public health, safety, and welfare. No stay or supersedeas shall be granted pending judicial review of a decision by the licensure commission to suspend or revoke a license to practice medicine unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the licensure commission was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion. An order of the licensure commission temporarily suspending a license to practice medicine under the authority of Section 34-24-361(f) shall not be stayed pending judicial review permitted under Section 41-22-20 of any preliminary, procedural, or intermediate ruling or decision of the licensure commission unless the reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the licensure commission was taken without statutory authority, was arbitrary or capricious, constituted a gross abuse of discretion, or was made in violation of the requirements of Section 41-22-19(d). Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of the administrative decisions of the Medical Licensure Commission, including writ of mandamus, or judicial review pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, must be filed, commenced, and maintained in the Alabama Court of Civil Appeals.
(Acts 1981, No. 81-218, p. 273, §26; Acts 1982, No. 82-493, p. 817, §1; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Acts 1988, No. 88-86, p. 110, §1; Act 2008-397, p. 771, §1.)
(a) In addition to any other penalty authorized under Section 20-2-54, the State Board of Medical Examiners, acting in its capacity as a certifying board, may in its discretion assess administrative fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions of Section 20-2-54, or any rule or regulation duly promulgated by the board.
(b) In addition to the administrative fine authorized in subsection (a), the board may require a physician or osteopath found to be in violation of Section 20-2-54, to pay the costs, fees, and expenses of the board incurred in connection with any proceedings before the board, including, but not limited to, the actual costs of independent medical review and expert testimony, reasonable and necessary attorney fees and expenses, deposition costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in rules published by the board. Payment of any costs, fees, or expenses ordered by the board shall be made and enforced in the same manner as an administrative fine.
(c) Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of an order or decision of the State Board of Medical Examiners suspending or revoking a registration as authorized under Section 20-2-54 must be filed, commenced, and maintained in the Alabama Court of Civil Appeals.
(Acts 1986, No. 86-451, p. 817, §1; Act 2002-140, p. 359, §3; Act 2007-402, p. 807, §1; Act 2008-397, p. 771, §1; Act 2010-713, p. 1761, §1.)
(a) In addition to any other penalty authorized by Section 34-24-361 (h) the Medical Licensure Commission may in its discretion assess administrative fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions of Section 34-24-360 or any rule or regulation duly promulgated by the commission. The Medical Licensure Commission may also in its discretion issue public or private reprimands, public or private censures, and may impose involuntary restrictions upon the certificate of qualification and/or license to practice medicine of any physician or osteopath for each violation of any of the provisions of Section 34-24-360.
(b) In addition to the administrative fine authorized in subsection (a), the commission, upon application of the Board of Medical Examiners, may require a physician or osteopath found to be in violation of Section 34-24-360 to pay the costs, fees, and expenses of the board incurred in connection with any proceedings before the commission, including, but not limited to, the actual costs of independent medical review and expert testimony, reasonable and necessary attorney fees and expenses, deposition costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in regulations published by the board and the commission. Payment of any costs, fees, or expenses ordered by the commission shall be made and enforced in the same manner as an administrative fine.
(Acts 1986, No. 86-451, p. 817, §2; Act 2002-140, p. 359, §3; Act 2007-402, p. 807, §1; Act 2010-713, p. 1761, §1.)
All administrative fines assessed by the State Board of Medical Examiners and the Medical Licensure Commission shall be paid to the board and may be expended for the general operation of the board and commission. The board is authorized to expend a portion of its funds for the development, administration, and presentation of programs of continuing medical education for physicians licensed to practice medicine in this state. The board is authorized to enter into contracts for the purchase of programs, services, and materials without regard to the competitive bid laws for expenditures made in connection with the development, administration, and presentation of continuing medical education programs.
(Acts 1986, No. 86-451, p. 817, §3; Act 2002-140, p. 359, §3.)
The Medical Licensure Commission shall not renew the annual certificate of registration as set forth in Section 34-24-337 of any physician against whom an administrative fine has been assessed by the Board of Medical Examiners or the Medical Licensure Commission until such fine is paid in full. However, if an order of the Medical Licensure Commission or the Board of Medical Examiners allows for the payment of a fine or costs in installments and if the licensee is current with the installment payment, then the physician shall be permitted to renew his or her license. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act the physician shall be entitled to a prompt refund of the amount of the fine but shall not be entitled to interest thereon.
(Acts 1986, No. 86-451, p. 817, §4; Act 2014-402, p. 1483, §1.)
The Board of Medical Examiners and the Medical Licensure Commission are each authorized to promulgate rules and regulations necessary for the implementation of the provisions of this division. The Board of Medical Examiners is specifically authorized to establish criteria for determining any amounts to be expended on behalf of an impaired physician for education, rehabilitation, and treatment and may require that any physician on whose behalf such funds are expended repay or reimburse the Alabama Physicians Education Fund in accordance with rules established by the board. Reimbursement shall be required on any funds expended for the treatment of alcohol and/or drug related problems in accordance with a schedule agreeable to the board or commission.
(Acts 1986, No. 86-451, p. 817, §5.)
It shall be the duty and obligation of the State Board of Medical Examiners to promote the early identification, intervention, treatment, and rehabilitation of physicians and osteopaths licensed to practice medicine in the State of Alabama who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition. For the purposes of this article the term “impaired” shall mean the inability of a physician or osteopath to practice medicine 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. In order to carry out this obligation the State Board of Medical Examiners is hereby empowered to contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee of physicians to be designated the Alabama Physician Wellness Committee. The committee shall consist of not less than three nor more than 15 physicians or osteopaths licensed to practice medicine in the State of Alabama and selected in a manner prescribed by the board. The Board of Medical Examiners is authorized to expend such funds as are available to it as the board shall deem necessary to adequately provide for the operational expenses of the Alabama Physician Wellness Committee, including but not limited to the actual cost of travel, office overhead and personnel expense, and compensation for the members of the committee and its staff. The funds provided by the board under this section for the purposes stated herein shall not be subject to any provision of law requiring competitive bidding.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)
The Board of Medical Examiners shall have the authority to enter into an agreement with a nonprofit corporation or medical professional association for the Alabama Physician Wellness Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) Receiving and evaluating reports of suspected impairment from any source;
(3) Intervening in cases of verified impairment;
(4) Referring impaired physicians to treatment programs;
(5) Monitoring the treatment and rehabilitation of impaired physicians;
(6) Providing post-treatment monitoring and support of rehabilitated impaired physicians; and
(7) Performing such other activities as agreed upon by the Board of Medical Examiners and the Alabama Physician Wellness Committee.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)
The Alabama Physician Wellness Committee shall develop procedures in consultation with the Board of Medical Examiners for:
(1) Periodic reporting of statistical information regarding impaired physician program activity;
(2) Periodic disclosure and joint review of such information as the Board of Medical Examiners may deem appropriate regarding reports received, contracts or investigations made, and the disposition of each report, provided however, that the committee shall not disclose any personally identifiable information except as provided in Section 34-24-405.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)
Any physician or osteopath licensed to practice medicine in the State of Alabama who shall be duly appointed to serve as a member of the Alabama Physician Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this chapter, engaging in the performance of any functions or duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, shall, in the performance and operation thereof, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or state or county medical association that contracts with or receives funds from the State Board of Medical Examiners for the creation, support, and operation of the Alabama Physician Wellness Committee shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(Acts 1988, No. 88-536, p. 819, §1; Act 98-303, p. 497, §1; Act 2006-219, p. 376, §1.)
All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the Alabama Physician Wellness Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other proceedings of such committee are declared to be privileged and confidential. All records and proceedings of such committee shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper function of the committee and shall not be public records nor available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business of a physician, osteopath, hospital, or other health care provider, and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Physician Wellness Committee.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)
(a) It shall be the duty of the Alabama Physician Wellness Committee to render an annual report to the State Board of Medical Examiners concerning the operations and proceedings of the committee for the preceding year.
(b) The committee shall report to the State Board of Medical Examiners any physician or osteopath who in the opinion of the committee is unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition when it appears that such physician or osteopath is currently in need of intervention, treatment, or rehabilitation, and such physician or osteopath has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee. In any report to the State Board of Medical Examiners made pursuant to the requirements of this subsection, the committee or its authorized designee may forward to the board any and all reports, evaluations, treatment records, medical records, documents, or information relevant to the physician or osteopath upon whom the report is made, unless specifically prohibited by federal law or regulation, notwithstanding any law or regulation of this state declaring that such evaluations, information, treatment records, medical records, documents, or reports are confidential or privileged. All such information, evaluations, documents, reports, treatment records, or medical records received by the board in a report submitted pursuant to this subsection shall be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings but may be used by the board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the board or by the Medical Licensure Commission.
(c) A report to the Alabama Physician Wellness Committee shall be deemed to be a report to the State Board of Medical Examiners for the purposes of any mandated reporting of physician impairment otherwise provided for by the statutes of this state.
(Acts 1988, No. 88-536, p. 819, §1; Act 2002-140, p. 359, §3; Act 2006-219, p. 376, §1.)
If the Board of Medical Examiners has reasonable cause to believe that a physician is impaired, the board may cause an evaluation of such physician to be conducted by the Alabama Physician Wellness Committee for the purpose of determining if there is an impairment. The Alabama Physician Wellness Committee shall report the findings of its evaluation to the Board of Medical Examiners.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §1.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §2.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §3.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §4.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §5.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §6.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §7.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §8.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1997, No. 97-166, p. 238, §9.)
In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and promoting the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
(Act 2015-197, §1.)
In this compact, the following terms have the following meanings:
(a) BYLAWS. Those bylaws established by the interstate commission pursuant to Section 34-24-530 for its governance, or for directing and controlling its actions and conduct.
(b) COMMISSIONER. The voting representative appointed by each member board pursuant to Section 34-24-530.
(c) CONVICTION. A finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
(d) EXPEDITED LICENSE. A full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
(e) INTERSTATE COMMISSION. The interstate commission created pursuant to Section 34-24-530.
(f) LICENSE. Authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
(g) MEDICAL PRACTICE ACT. Laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
(h) MEMBER BOARD. A state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
(i) MEMBER STATE. A state that has enacted the compact.
(j) PRACTICE OF MEDICINE. The clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.
(k) PHYSICIAN. Any person who:
(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;
(2) Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;
(3) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;
(4) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;
(5) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
(6) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(7) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;
(8) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and
(9) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
(l) OFFENSE. A felony, gross misdemeanor, or crime of moral turpitude.
(m) RULE. A written statement by the interstate commission promulgated pursuant to Section 34-24-531 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
(n) STATE. Any state, commonwealth, district, or territory of the United States.
(o) STATE OF PRINCIPAL LICENSE. A member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.
(Act 2015-197, §2.)
(a) A physician must meet the eligibility requirements as defined in subdivision (k) of Section 34-24-521 to receive an expedited license under the terms and provisions of the compact.
(b) A physician who does not meet the requirements of subdivision (k) of Section 34-24-521 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
(Act 2015-197, §3.)
(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician; or
(2) The state where at least 25 percent of the practice of medicine occurs; or
(3) The location of the physician’s employer; or
(4) If no state qualifies under subdivision (1), subdivision (2), or subdivision (3), the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a).
(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
(Act 2015-197, §4.)
(a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the interstate commission.
(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal license, in the course of verifying eligibility, shall perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with U.S. C.F.R. §731.202.
(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained though the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.
(g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
(Act 2015-197, §5.)
(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
(Act 2015-197, §6.)
(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician’s license.
(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
(Act 2015-197, §7.)
(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 34-24-524.
(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) to the interstate commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
(Act 2015-197, §8.)
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
(Act 2015-197, §9.)
(a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(1) Impose the same or lesser sanction or sanctions against the physician so long as such sanction or sanctions are consistent with the medical practice act of that state; or
(2) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then any license or licenses issued to the physician by any other member board or boards shall be suspended, automatically and immediately without further action necessary by the other member board or boards, for 90 days upon entry of the order by the disciplining board, to permit the member board or boards to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
(Act 2015-197, §10.)
(a) The member states hereby create the Interstate Medical Licensure Compact Commission.
(b) The purpose of the interstate commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.
(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
(d) The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be:
(1) An allopathic or osteopathic physician appointed to a member board;
(2) An executive director, executive secretary, or similar executive of a member board; or
(3) A member of the public appointed to a member board.
(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
(g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).
(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:
(1) Relate solely to the internal personnel practices and procedures of the interstate commission;
(2) Discuss matters specifically exempted from disclosure by federal statute;
(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential;
(4) Involve accusing a person of a crime, or formally censuring a person;
(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Discuss investigative records compiled for law enforcement purposes; or
(7) Specifically relate to the participation in a civil action or other legal proceeding.
(i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.
(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.
(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.
(l) The interstate commission may establish other committees for governance and administration of the compact.
(Act 2015-197, §11.)
The interstate commission shall have the duty and power to do all of the following:
(a) Oversee and maintain the administration of the compact.
(b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact.
(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions.
(d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
(e) Establish and appoint committees including, but not limited to, an executive committee as required by Section 34-24-530, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties.
(f) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the interstate commission.
(g) Establish and maintain one or more offices.
(h) Borrow, accept, hire, or contract for services of personnel.
(i) Purchase and maintain insurance and bonds.
(j) Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants, and determine their qualifications, define their duties, and fix their compensation.
(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
(l) Accept donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission.
(m) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed.
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(o) Establish a budget and make expenditures.
(p) Adopt a seal and bylaws governing the management and operation of the interstate commission.
(q) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission.
(r) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.
(s) Maintain records in accordance with the bylaws.
(t) Seek and obtain trademarks, copyrights, and patents.
(u) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
(Act 2015-197, §12.)
(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
(Act 2015-197, §13.)
(a) The interstate commission, by a majority of commissioners present and voting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first interstate commission meeting.
(b) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission.
(c) Officers selected in subsection (b) shall serve without remuneration from the interstate commission.
(d) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided that this subsection expressly incorporates Section 36-1-12, and neither expands nor limits the protections under that statute.
(1) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. This subdivision expressly incorporates Section 36-1-12, and neither expands nor limits the protections under that statute.
(2) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that this subdivision expressly incorporates Section 36-1-12, and neither expands nor limits the protections under that statute.
(3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that this subdivision expressly incorporates Section 36-1-12, and neither expands nor limits the protections under that statute.
(Act 2015-197, §14.)
(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.
(Act 2015-197, §15.)
(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the purposes and intent of the compact. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(b) 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 the compact which may affect the powers, responsibilities, or actions of the interstate commission.
(c) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.
(Act 2015-197, §16.)
(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The interstate commission, by majority vote of the commissioners, may initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party, which is expressly limited to the interstate commission or a member state, shall be awarded all costs of such litigation including reasonable attorney’s fees, but this provision does not apply to third parties or private citizens.
(c) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
(Act 2015-197, §17.)
(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.
(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(Act 2015-197, §18.)
(a) The interstate commission, upon the request of a member state, shall attempt to resolve disputes which are subject to the compact and which may arise among member states or member boards.
(b) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
(Act 2015-197, §19.)
(a) Any state is eligible to become a member state of the compact.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
(Act 2015-197, §20.)
(a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d) The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt of notice provided under subsection (c).
(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
(Act 2015-197, §21.)
(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
(Act 2015-197, §22.)
(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
(Act 2015-197, §23.)
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(Act 2015-197, §24.)
This article shall be known as and may be cited as the Alabama Pain Management Act.
(Act 2013-257, p. 673, §1.)
The Legislature finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitute a serious threat to the health, safety, and welfare of the citizens of the State of Alabama. The Legislature further finds that the registration of all physicians providing pain management services, as defined in this article, will assist the Alabama Board of Medical Examiners in preventing the diversion, abuse, and misuse of controlled substances by regulating these registrants. The Legislature further finds that it is in the best interests of the public safety to give the Board of Medical Examiners the authority it needs to suspend the registration of these physicians providing pain management services when the public health, safety, or welfare requires immediate action.
(Act 2013-257, p. 673, §1.)
(a) Authority. The Alabama Board of Medical Examiners shall have the jurisdiction and authority necessary to carry out the provisions and intent of this article.
(b) Intent. The article is intended to require physicians to register under the provisions of this article, and to provide the Alabama Board of Medical Examiners the following powers and duties with respect to all registrants of the Board of Medical Examiners, in addition to its existing authority as a certifying board pursuant to the Alabama Uniform Controlled Substances Act:
(1) To adopt, amend, and repeal such rules and regulations in accordance with the Alabama Pain Management Act for the proper administration and enforcement of this article.
(2) To establish rules regarding the registration of all physicians providing pain management services.
(3) To set reasonable registration and renewal fees.
(4) To renew registrations and set renewal and expiration dates and other deadlines.
(5) To initiate investigations for the purposes of discovering violations of this article.
(6) To administer oaths, subpoena witnesses and documents, including medical records, and take testimony in all matters relating to the board’s duties.
(7) To conduct investigative interviews.
(8) To regulate physicians providing pain management services.
(9) To revoke, suspend, reprimand, place on probation, issue terms and conditions, limit practice, fine, require additional training, or otherwise sanction physicians providing pain management services.
(10) To immediately suspend registrations from physicians providing pain management services when they pose an immediate danger to the public health.
(c) In order to prevent abuse, misuse, and conversion of controlled substances, and further administer this article, the board may contract with the Alabama Physician Wellness Committee, or any other nonprofit professional organization or nonprofit society that in its discretion it deems appropriate.
(Act 2013-257, p. 673, §1.)
Unless otherwise indicated from the context, the terms set out below, as used in this article shall have the following meanings:
(1) APPLICANT. A person who has submitted or that is in the process of submitting a registration under this article.
(2) BOARD. The Alabama Board of Medical Examiners.
(3) CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor identified, defined, or listed in Sections 20-2-20 to 20-2-32, inclusive.
(4) HOSPITAL. A health care institution licensed by the Alabama Department of Public Health and has the same definition as provided in Chapter 420-5-7 of the Alabama Administrative Code. The term shall include any outpatient facility or clinic that is separated from the hospital that is owned, operated, or controlled by the hospital.
(5) PAIN MANAGEMENT SERVICES. Those medical services that involve the prescription of controlled substances in order to treat chronic nonmalignant pain by a physician who treats pain.
(6) PHYSICIAN. A doctor of medicine or an osteopathic physician.
(7) REGISTRANT. Any physician issued a registration by the board in its capacity as a certifying board pursuant to this article.
(Act 2013-257, p. 673, §1.)
(a) Beginning January 1, 2014, and continuing each year thereafter:
(1) All physicians providing pain management services shall obtain a pain management registration from the board.
(2) All physicians who otherwise meet the criteria established by the board shall obtain a pain management registration from the board.
(b) To register, a physician applicant shall submit the following to the board:
(1) A completed application on a form prescribed by the board.
(2) Proof of a current drug enforcement administration registration.
(3) Proof of an Alabama controlled substances certificate.
(4) Proof of a current registration with the Alabama Prescription Drug Monitoring Program.
(5) A list of all registrants who own, co-own, operate, or provide pain management services in the practice location.
(6) The disclosure of any controlled substances certificate or registration denial, restriction, or discipline imposed on the registrant, or any disciplinary act against the license of the registrant.
(7) Payment of the initial registration fee as set forth in this section and in the rules of the Alabama Board of Medical Examiners.
(8) A certification listing the current name of the physician who will serve as the medical director.
(9) Any other information requested by the board related to the qualifications to, or the provision of, providing pain management services.
(c) The applicant shall provide the board with a physical address for each location where he or she provides pain management services and a list of all physicians who work at the practice location, including the name of the physician who will serve as the medical director. For purposes of this subsection, if a practice location is a hospital, the physician applicant is not required to provide the names of physicians at the hospital other than the medical director.
(d) Exemptions. The provisions of this article shall not apply to any of the following:
(1) A hospice program licensed by the Alabama Department of Public Health, or any physicians while performing work for that program.
(2) A facility maintained or operated by the United States or any of its departments, offices, or agencies, or any physicians while performing work for that facility.
(e) The board shall provide individual, entity, and any categorical exemptions as, in its discretion, it deems appropriate.
(f) Any physician who is not included in subdivisions (1) and (2) of subsection (d) may petition the board for an exemption from the requirements of this section for working at a particular entity. The board shall have the sole discretion in determining whether the requested exemption shall be granted or denied.
(g) Fees.
(1) An initial registration fee is provided in an amount set by the board in its rules not to exceed three hundred dollars ($300).
(2) RENEWAL FEE. A renewal fee is provided in an amount set by the board in its rules not to exceed three hundred dollars ($300).
(3) There shall be no initial registration fee or renewal fee for additional practice locations.
(h) Miscellaneous.
(1) If an applicant does not complete the initial application process within 90 days of his or her first submission to the board, then the application shall be closed, the application fee shall not be refunded, and the applicant shall be required to reapply for registration.
(2) An application which is submitted to the board may be withdrawn at any time prior to the granting or denial of registration; provided, however, that the application fee shall not be refunded.
(i) Renewal.
(1) A registration by a physician under this article shall expire on December 31 of each year.
(2) A registrant may renew a current registration prior to its expiration date by submitting the following to the board:
a. A renewal application form prescribed by the board.
b. The required renewal fee.
c. A certification that each location at which the applicant provides pain management service has a medical director.
d. If the practice location is not a hospital, an attestation that the practice location is not owned wholly or partly by a person who has been convicted of or pled nolo contendre to any of the following:
A felony.
An offense that constitutes a misdemeanor, the facts of which relate to the distribution or illegal prescription of any controlled substance.
e. Any applicant who has been convicted of a crime described in paragraph d. may request an interview before the board, after which the board may approve or deny the registration.
f. Any other information requested by the board.
(Act 2013-257, p. 673, §1; Act 2014-349, p. 1295, §1; Act 2015-189, §1.)
(a) All registrants must provide pain management services at a location that is owned and operated by one of the following:
(1) One or more physicians licensed to practice medicine in Alabama.
(2) A business entity registered with the Secretary of State.
(3) A governmental entity or body, or political subdivision, or any combination thereof, including state universities and schools.
(b) In order to be registered, a physician shall certify that each practice location is under the direction of a medical director who shall be a physician who possesses a current, unrestricted license to practice medicine or osteopathy in Alabama.
(c) Every registrant providing pain management services is required to obtain access to the Alabama Prescription Drug Monitoring Program (PDMP) maintained by the Alabama Department of Public Health.
(Act 2013-257, p. 673, §1.)
Each physician serving as the medical director at a practice location shall meet at least one of the following requirements:
(1) Successful completion of a residency program in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, family practice, preventive medicine, internal medicine, surgery, orthopedics, or psychiatry approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association Bureau of Osteopathic Specialists.
(2) Board certification in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, family practice, preventive medicine, internal medicine, surgery, orthopedics, or psychiatry approved by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.
(3) Specialty certification in pain management, pain medicine, hospice and palliative medicine, geriatric medicine, rheumatology, hematology, medical oncology, gynecologic oncology, infectious disease, pediatric hematology-oncology, or pediatric rheumatology recognized by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.
(4) Board certification by the American Board of Pain Medicine.
(5) Board certification by the American Board of Interventional Pain Physicians.
(6) At least one of the following:
a. Completion of 40 in-person, live participatory AMA PRA Category 1 Credit or AOA Category 1-A credits in the area of pain management completed within three years of implementation of this article or prior to serving as a medical director for the practice location, whichever of them is most recent.
b. Completion of a board approved course of medical education in the area of prescribing controlled substances completed within three years of implementation of this article or prior to serving as medical director for the practice location, whichever of them is most recent, and completion of 40 in-person, live participatory AMA PRA Category 1 Credit or AOA Category 1-A credits in the area of pain management within three years of commencement of service as medical director.
(Act 2013-257, p. 673, §1.)
(a) Physicians registered under this article shall make all records, notes, and files of the registrant open to inspection. In carrying out the intent of this article, the board shall have all of the power and authority that it currently possesses in its current capacity under Sections 34-24-363 to 34-24-365, inclusive. However, all of that authority and power therein may be applied to this article for purposes of this pain management registration.
(b) If the board finds that danger to the public health, safety, or welfare requires emergency suspension of a registration and states in writing its reason for that finding, it may proceed without hearing or upon any abbreviated hearing that it finds practicable to suspend the registration under this article. The suspension shall become effective immediately, unless otherwise stated therein. The suspension may be effective for a period of not longer than 120 days and shall not be renewable. The board shall not suspend the same registration for the same or a substantially similar emergency within one calendar year from its first suspension unless the board clearly establishes that it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. When such summary suspension is ordered, a formal suspension or revocation proceeding under Section 34-24-361 or Section 20-2-53, shall also be promptly instituted and acted upon.
(Act 2013-257, p. 673, §1.)
(a) The board or its agents, on its own motion or in response to a written complaint, may investigate known or suspected violations of this article and may issue subpoenas.
(b) In addition to the powers granted under this article, the board or its agents are further authorized to conduct any investigations pursuant to its authority in Section 34-24-361, including, but not limited to, the conducting of formal interviews with a physician, the filing of a written administrative complaint and the request for the temporary emergency suspension of the license of a physician by the Medical Licensure Commission of Alabama.
(Act 2013-257, p. 673, §1.)
(a) A violation of this article or a rule adopted under this article is grounds for disciplinary action and sanctions against a registrant as provided in this section.
(b) A violation of this article may be enforced in the same manner as any other violation of Sections 20-2-50 to 20-2-58, inclusive.
(c) Any violation of this article or a rule adopted under this article shall be prosecuted against and in the name of the registrant or registrants participating in the alleged violation.
(d) In addition to the requirements, sanctions, and punishment provided by Sections 20-2-50 to 20-2-58, inclusive, the board may impose the following sanctions:
(1) The failure to register shall be punishable by a fine up to ten thousand dollars ($10,000) per violation, or the revocation of the registration, or both.
(2) A violation of any other requirements under this article by a physician, including a medical director, shall be punishable by a fine up to one thousand dollars ($1,000) per violation, or the revocation of the registration, or both.
(3) If a practice location has two or more physicians that violate this article within one year, the board shall report the violations to the appropriate licensing agency that regulates the practice location.
(Act 2013-257, p. 673, §1.)
Nothing in this article shall be construed to limit the ability of the Board of Medical Examiners to exercise authority existing prior to the passage of this article.
(Act 2013-257, p. 673, §2.)
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.
(Act 2022-302, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) ASYNCHRONOUS. The electronic exchange of health care documents, images, and information that does not occur in real time, including, but not limited to, the collection and transmission of medical records, clinical data, or laboratory results.
(2) BOARD OF MEDICAL EXAMINERS. The Alabama Board of Medical Examiners established pursuant to Section 34-24-53.
(3) CONTROLLED SUBSTANCE. The same meaning as defined in Section 20-2-2. This term includes an immediate precursor, as defined in Section 20-2-2.
(4) DIGITAL HEALTH. The delivery of health care services, patient education communications, or public health information via software applications, consumer devices, or other digital media.
(5) DISTANT SITE. The physical location of a physician at the time in which telehealth medical services are provided.
(6) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, §264, 110 Stat. 1936.
(7) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words “Caution, federal law prohibits dispensing without prescription” or other similar wording indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.
(8) MEDICAL LICENSURE COMMISSION. The Alabama Medical Licensure Commission established pursuant to Section 34-24-310.
(9) MEDICAL SUPPLIES. Non-drug medical items, including durable medical equipment, which may be sold or dispensed only upon the prescription of a licensed medical practitioner.
(10) ORIGINATING SITE. The physical location of a patient at the time in which telehealth medical services are provided.
(11) PHYSICIAN. Either a doctor of medicine who is licensed to practice medicine or a doctor of osteopathy who is licensed to practice osteopathy in a state, commonwealth, district, or territory of the United States.
(12) PRESCRIBER. Any person who possesses an active Alabama controlled substance certificate or a Qualified Alabama Controlled Substances Registration Certificate issued by the Board of Medical Examiners.
(13) SYNCHRONOUS. The real-time exchange of medical information or provision of care between a patient and a physician via audio/visual technologies, audio only technologies, or other means.
(14) TELEHEALTH. The use of electronic and telecommunications technologies, including devices used for digital health, asynchronous and synchronous communications, or other methods, to support a range of medical care and public health services.
(15) TELEHEALTH MEDICAL SERVICES. Digital health, telehealth, telemedicine, and the applicable technologies and devices used in the delivery of telehealth. The term does not include incidental communications between a patient and a physician.
(16) TELEMEDICINE. A form of telehealth referring to the provision of medical services by a physician at a distant site to a patient at an originating site via asynchronous or synchronous communications, or other devices that may adequately facilitate and support the appropriate delivery of care. The term includes digital health, but does not include incidental communications between a patient and a physician.
(Act 2022-302, §1.)
(a) Physicians who engage in the provision of telehealth medical services to any individual in this state must possess a full and active license to practice medicine or osteopathy issued by the Medical Licensure Commission.
(b) Notwithstanding subsection (a), a physician who engages in the provision of telehealth medical services to any individual in this state is not required to possess a license issued by the Medical Licensure Commission, if either of the following apply:
(1) The services are provided on an irregular or infrequent basis. The term “irregular or infrequent” refers to telehealth medical services occurring less than 10 days in a calendar year or involving fewer than 10 patients in a calendar year.
(2) The services are provided in consultation, as further provided by Section 34-24-74, with a physician licensed to practice medicine or osteopathy in this state.
(c) A violation of this article shall constitute the unauthorized practice of medicine.
(d) Nothing in this article shall be interpreted to limit or restrict the Board of Medical Examiners’ or Medical Licensure Commission’s authority to regulate, revoke, suspend, sanction, or otherwise discipline any physician licensed to practice in this state who violates the provisions of this article, the provisions relating to the regulation of manufacture and distribution of controlled substances, as provided by Sections 20-2-50 through 20-2-58, or the administrative rules of the Board of Medical Examiners or the Medical Licensure Commission while engaging in the practice of medicine within this or any other state.
(e) Nothing in this article shall be construed to apply to or to restrict the provision of health-related services via telehealth by a health care provider other than a physician, provided that those health-related services are within the scope of practice of the health care professional licensed in Alabama.
(Act 2022-302, §1.)
(a) A physician providing telehealth medical services shall owe to the patient the same duty to exercise reasonable care, diligence, and skill as would be applicable if the service or procedure were provided in person. Telehealth medical services shall be governed by the Medical Liability Act of 1987, codified in Sections 6-5-540 through 6-5-552, and shall be subject to the exclusive jurisdiction and venue of the circuit courts of the State of Alabama, regardless of the citizenship of the parties.
(b) A physician practicing telemedicine shall do all of the following, if the action would otherwise be required in the provision of the same service if delivered in-person:
(1) Establish a diagnosis through the use of acceptable medical practices, which may include, but not be limited to, taking a patient history, a mental status examination, a physical examination, disclosure and evaluation of underlying conditions, and any diagnostic and laboratory testing.
(2) Disclose any diagnosis and the evidence for the diagnosis, and discuss the risks and benefits of treatment options.
(3) Provide a visit summary to the patient and, if needed, inform the patient of the availability of, or how to obtain, appropriate follow-up and emergency care.
(c) The provision of telehealth medical services is deemed to occur at the patient’s originating site within this state. A licensed physician providing telehealth medical services may do so at any distant site.
(d) Telehealth medical services may only be provided following the patient’s initiation of a physician-patient relationship, or pursuant to a referral made by a patient’s licensed physician with whom the patient has an established physician-patient relationship, in the usual course of treatment of the patient’s existing health condition. The physician-patient relationship may be formed without a prior in-person examination.
(e) Prior to providing any telehealth medical service, the physician, to the extent possible, shall do all of the following:
(1) Verify the identity of the patient.
(2) Require the patient to identify his or her physical location, including the city and state.
(3) Disclose to the patient the identity and credentials of the physician and any other applicable personnel.
(4) Obtain the patient’s consent for the use of telehealth as an acceptable mode of delivering health care services, including, but not limited to, consent for the mode of communication used and its limitations. Acknowledgment of consent shall be documented in the patient’s medical record.
(f)(1) If a physician or practice group provides telehealth medical services more than four times in a 12-month period to the same patient for the same medical condition without resolution, the physician shall do either of the following:
a. See the patient in person within a reasonable amount of time, which shall not exceed 12 months.
b. Appropriately refer the patient to a physician who can provide the in-person care within a reasonable amount of time, which shall not exceed 12 months.
(2)a. For the purposes of this section, for a woman, each pregnancy is considered a separate or new condition.
b. For the purposes of this subsection, the term “practice group” means, at a minimum, a group of providers who have access to the same medical records.
c. The Board of Medical Examiners, by rule or otherwise, may provide for exemptions to the requirement contained in subdivision (1) that are no more restrictive than the provisions of this article.
(3) The provision of telehealth medical services that includes video communication to a patient at an originating site with the in-person assistance of a person licensed by the Board of Medical Examiners or by the Board of Nursing pursuant to Chapter 21 of Title 34, shall constitute an in-person visit for the purposes of this subsection.
(4) This section does not apply to the provision of telehealth medical services provided by a physician in active consultation with another physician who is providing in-person care to a patient.
(5) This section shall not apply to the provision of mental health services as defined in Section 22-50-1.
(Act 2022-302, §1.)
(a) A prescriber may prescribe a legend drug, medical supplies, or a controlled substance to a patient as a result of a telehealth medical service if the prescriber is authorized to prescribe the drug, supplies, or substance under applicable state and federal laws. To be valid, a prescription must be issued for a legitimate medical purpose by a prescriber acting in the usual course of his or her professional practice.
(b)(1) A prescription for a controlled substance may only be issued as a result of telehealth medical services if each of the following apply:
a. The telehealth visit includes synchronous audio or audio-visual communication using HIPAA compliant equipment with the prescriber responsible for the prescription.
b. The prescriber has had at least one in-person encounter with the patient within the preceding 12 months.
c. The prescriber has established a legitimate medical purpose for issuing the prescription within the preceding 12 months.
(2) This subsection shall not apply in an in-patient setting.
(c) A physician shall be exempt from the requirements of subsection (b) and may issue a prescription for a controlled substance to a patient if the prescription is for the treatment of a patient’s medical emergency, as further defined by rule by the Board of Medical Examiners and the Medical Licensure Commission.
(Act 2022-302, §1.)
(a) A physician who provides a telehealth medical service shall comply with all federal and state laws, rules, and regulations applicable to the provision of telehealth medical services, including the Health Insurance Portability and Accountability Act (HIPAA), and shall use devices and technologies in compliance with these laws, rules, and regulations. A physician who provides telehealth medical services shall also take reasonable precautions to protect the privacy and security of all verbal, visual, written, and other communications involved in the delivery of telehealth medical services.
(b) A physician who provides a telehealth medical service shall maintain complete and accurate medical records in accordance with rules of the Board of Medical Examiners and the Medical Licensure Commission, must have access to the patient’s medical records, and must be able to produce the records upon demand by the patient, the board, or the commission.
(c) Rules adopted by the Board of Medical Examiners and the Medical Licensure Commission shall set standards for the creation, retention, and distribution of medical records pursuant to the delivery of telehealth medical services.
(Act 2022-302, §1.)
(a) The Board of Medical Examiners and the Medical Licensure Commission may adopt rules regulating the provision of telehealth medical services by physicians in this state, even if the rules displace competition.
(b) Rules adopted by the Board of Medical Examiners and the Medical Licensure Commission shall promote quality care, prevent fraud, waste, and abuse, and ensure that physicians provide adequate supervision of health professionals who aid in providing telehealth medical services.
(c) Other than as set forth in this article, the authority of the Board of Medical Examiners and the Medical Licensure Commission to regulate physicians providing telehealth medical services shall be the same as the authority of the board and the commission to regulate physicians providing services in person.
(Act 2022-302, §1.)
(a) This article, and the rules adopted by the Board of Medical Examiners and the Medical Licensure Commission, shall apply only to the provision of telehealth medical services by physicians to individuals located in this state.
(b) The Board of Medical Examiners, the Medical Licensure Commission, and its officers, agents, representatives, employees, and directors thereof, shall be considered to be acting pursuant to clearly expressed state policy as established in this article and under the active supervision of the state. The boards, agencies, and individuals in this section shall not be subject to state or federal antitrust laws while acting in the manner provided in this section.
(Act 2022-302, §1.)
This chapter shall be known and may be cited as the Polygraph Examiners Act.
(Acts 1971, No. 2056, p. 3307, §1.)
For the purposes of this chapter, the following terms have the following meanings:
(1) BOARD. The Polygraph Examiners Board.
(2) CHAIR. The member of the Polygraph Examiners Board selected by the board to act as chair.
(3) INTERNSHIP. The study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the board at the commencement of the internship.
(4) PERSON. Any natural person, firm, association, copartnership, or corporation.
(5) POLYGRAPH EXAMINER. Any person who uses instrumentation described in this chapter to test or question individuals for the purpose of detecting deception or verifying truth of statements, or any person who holds himself or herself out to be a polygraph examiner, or any person who purports to be able to detect deception or verify truth of statements using a polygraph instrument.
(6) POLYGRAPH DEVICE. An instrument that, at a minimum, records visually, permanently, and simultaneously a subject’s cardiovascular pattern, respiratory pattern, and galvanic skin response. A polygraph device does not include equipment or devices used for the purpose of computer voice stress analysis.
(Acts 1971, No. 2056, p. 3307, §2; Acts 1989, No. 89-269, p. 416, §3; Act 2024-383, §1.)
(a) Every polygraph examiner shall use a polygraph device during a polygraph examination.
(b) Patterns of other physiological changes may also be recorded during a polygraph examination.
(c) The use of any polygraph device to detect or to verify the truth of statements which does not meet minimum instrumentation requirements required in Section 34-25-2 is prohibited.
(Acts 1971, No. 2056, p. 3307, §3; Acts 1983, No. 83-647, p. 1009, §1; Act 2024-383, §1.)
(a) There is established a Polygraph Examiners Board consisting of five voting members who are citizens of the United States and residents of the state for at least two years prior to appointment, all of whom shall have been engaged for a period of four consecutive years in their profession as polygraph examiners prior to appointment to the board and engaged at the time of appointment as an active polygraph examiner. No board members may be employed by the same person or agency. Three of the board members shall be qualified polygraph examiners of a governmental law enforcement agency, and two of the board members shall be qualified polygraph examiners and Alabama residents in the commercial field. Two advisory consultants, who shall possess qualifications as established by rule of the board, shall be appointed to assist the board members. The board members and advisory consultants shall be appointed by the Governor of the State of Alabama for a term of four years. Any vacancy in an unexpired term shall be filled by appointment of the Governor, with the advice and consent of the Senate, for the unexpired term. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. On April 11, 1989, all terms of current board members and advisory consultants shall expire. The Governor shall appoint new board members and advisory consultants in accordance with this chapter. Immediately after May 12, 2003, the board shall notify the Governor of the vacancies on the board and the Governor shall immediately appoint qualified persons to fill those vacancies in accordance with this chapter.
(b) The board may fix the number of its full-time employees, who shall be employed pursuant to the Merit System. The board may engage temporary services for the investigation of applications or to investigate complaints filed against examiners. The board shall fix the compensation for any temporary employees. Temporary employees of the board are not covered under the Retirement Systems of Alabama. Any current full-time employee of the board shall be transferred to the Department of Public Safety on April 11, 1989. All benefits, including retirement, of any current full-time employee of the board who is transferred to the Department of Public Safety in accordance with this chapter, shall be retroactive back to the original date of employment upon payment of necessary contributions as required by the Employees’ Retirement System.
(c) On or after April 11, 1989, and within 30 days of the appointments by the Governor, this new board shall meet and elect a chair from among the members of the board. The board shall meet at three-month intervals, or at any other time as necessary.
(d) The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board.
(e) All documents, records, functions, and responsibilities currently housed at the Board of Polygraph Examiners’ Office shall be transferred to the Department of Public Safety in a section to be determined by the Director of the Department of Public Safety and under the supervision of the Department of Public Safety in conjunction with the board.
(Acts 1971, No. 2056, p. 3307, §4; Acts 1981, No. 81-222, p. 293, §4; Acts 1989, No. 89-269, p. 416, §3; Act 2003-61, p. 93, §3; Act 2011-167, p. 318, §3.)
(a) The board shall issue regulations and forms consistent with this chapter for the administration and enforcement of this chapter.
(b) An order or a certified copy thereof, over board seal and purporting to be signed by the board members, shall be prima facie proof that the signatures are the genuine signatures of the board members and that the board members are fully qualified to act.
(c) On April 11, 1989, all moneys and appropriations credited to the Board of Polygraph Examiners under the provisions of Article 4 of Chapter 4, Title 41, shall be transferred by the State Treasurer to the charge and custody of the Board of Polygraph Examiners of the Alabama Department of Public Safety; and the board shall administer the fund as provided by law. The fund is hereby officially known as the Board of Polygraph Examiners Fund.
All fees collected under this chapter shall be paid to the Board of Polygraph Examiners Fund for the purpose of administering and enforcing this chapter and shall be deposited in the fund.
Warrants shall be issued by the Department of Finance, office of the state Comptroller, for board expenses and operation provided that no funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and only in the amounts as stipulated in the general appropriations bill.
(d) Board members and advisory consultants shall be paid one hundred dollars ($100) per day plus mileage for attendance at regular or special board meetings, only for the actual days of meeting. The board may approve the payment for a board member when authorized by the board to perform certain other duties of the board when not in formal, regular, or special session.
(e) Employees shall be paid the same mileage expenses and travel allowance as provided for regular state employees.
(f) The board may determine all resources necessary for the operation of the board. Purchasing shall be in accordance with the state bid law.
(g) The board shall be exempt from payment of state sales tax.
(Acts 1971, No. 2056, p. 3307, §5; Acts 1981, No. 81-222, p. 293, §4; Acts 1983, No. 83-647, p. 1009, §1; Acts 1989, No. 89-269, p. 416, §3; Acts 1995, No. 95-278, p. 500, §3.)
Nothing in this chapter shall be construed as permitting the results of truth examinations or polygraph examinations to be introduced or admitted as evidence in a court of law.
(Acts 1971, No. 2056, p. 3307, §26.)
If any person violates any provisions of this chapter, the board shall, upon direction of a majority of the board, in the name of the State of Alabama, apply in any circuit court of competent jurisdiction for an order enjoining such violation or an order enforcing compliance with this chapter. Upon the filing of a verified petition in the court, the court, or any judge thereof, if satisfied by affidavit or otherwise that the person has violated this chapter, may issue a temporary injunction, without notice or bond, enjoining such continued violation; and, if it is established that the person has violated or is violating this chapter, the court, or any judge thereof, may enter a judgment perpetually enjoining the violation or enforcing compliance with this chapter. In case of violation of any order or judgment issued under the provisions of this section, the court, or any judge thereof, may try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.
(Acts 1971, No. 2056, p. 3307, §24; Acts 1989, No. 89-269, p. 416, §3.)
Any person who violates any provision of this chapter or any person who falsely states or represents that he or she has been or is a polygraph examiner or trainee shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment in the county jail for a term not to exceed six months, or both.
(Acts 1971, No. 2056, p. 3307, §25.)
(a) It shall be unlawful for any person, including a city, county, or state employee, to administer polygraph examinations or attempt to hold himself or herself out as a polygraph examiner without a license approved by the board and issued by the board.
(b) It shall be unlawful for any person, including city, county, or state employees, to administer polygraph examinations utilizing any polygraph device that does not meet the requirements of Section 34-25-2.
(Acts 1971, No. 2056, p. 3307, §6; Acts 1981, No. 81-222, p. 293, §4; Act 2024-383, §1.)
(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.
(Acts 1971, No. 2056, p. 3307, §7; Acts 1981, No. 81-222, p. 293, §4; Acts 1989, No. 89-269, p. 416, §3; Act 2011-167, p. 318, §3.)
(a) Applications for original license shall be made to the board in writing under oath on forms prescribed by the board and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of the board will enable it to pass on the qualifications of the applicant for a license.
(b) An applicant shall provide the board with two complete sets of fingerprints to be sent to the State Bureau of Investigations to conduct a criminal history background check. The State Bureau of Investigations shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check.
(c) The request to the board shall contain the following information:
(1) Two complete functional sets of fingerprints, either cards or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques.
(2) Written consent from the applicant for the release of criminal history background information to the board.
(d) The applicant shall pay all costs associated with the background checks required by this section.
(e) The board shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed from a court.
(Acts 1971, No. 2056, p. 3307, §9; Acts 1989, No. 89-269, p. 416, §3; Act 2016-189, §1.)
(a) Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the board. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The board shall send forthwith one copy of the process to the applicant at the address shown on the records of the board by registered or certified mail.
(b) Nonresident applicants must satisfy the requirements of Section 34-25-21.
(Acts 1971, No. 2056, p. 3307, §10; Acts 1989, No. 89-269, p. 416, §3.)
An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the board, in its discretion, upon payment of the appropriate fees as provided in Section 34-25-26 and the production of satisfactory proof that:
(1) He is at least 21 years of age;
(2) He is a citizen of the United States;
(3) He is of good moral character;
(4) The requirements for the licensing of polygraph examiners in such particular state or territory of the United States were at the date of the applicant’s licensing therein substantially equivalent to the requirements now in force in this state;
(5) The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two years prior to the application for license hereunder;
(6) Such other state or territory grants similar reciprocity to license holders of this state; and
(7) He has complied with Section 34-25-23.
(Acts 1971, No. 2056, p. 3307, §11; Acts 1981, No. 81-222, p, 293, §4; Acts 1987, No. 87-159, p. 219, §3; Acts 1989, No. 89-269, p. 416, §3.)
(a) Upon approval by the board, the board shall issue an internship license to a trainee provided he or she applies for such license and pays the required fee within 10 days prior to the commencement of his or her internship. The application shall contain such information as may be required by the board.
(b) An internship license shall be valid for the term of six months from the date of issue. Such license may be extended or renewed for any term not to exceed six months upon good cause shown to the board.
(c) A trainee shall not be entitled to hold an internship license after the expiration of the original six-month period and six-month extension, if such extension is granted by the board, until 12 months after the date of expiration of the last internship license held by the trainee.
(Acts 1971, No. 2056, p. 3307, §12; Acts 1989, No. 89-269, p. 416, §3.)
The fee requirements of this chapter shall apply to all polygraph examiners, including those employed by governmental agencies, and to those who engage in polygraph examinations on any commercial basis. The fees to be paid, effective October 1, 2019, are as follows:
(1) For an examination of an applicant to determine his or her fitness, two hundred fifty dollars ($250), which is not to be credited as payment against the license fee and is not refundable.
(2) For the issuance of an original polygraph examiner’s license, two hundred fifty dollars ($250).
(3) For the issuance of an internship license, one hundred dollars ($100).
(4) For the issuance of a duplicate polygraph examiner’s license, twenty dollars ($20).
(5) For the issuance of a polygraph examiner’s renewal license, two hundred dollars ($200).
(6) For the extension or renewal of an internship license, one hundred dollars ($100).
(7) For the issuance of a duplicate internship license, twenty dollars ($20).
(Acts 1983, No. 83-647, p. 1009, §1; Acts 1991, No. 91-164, p. 219, §3; Act 2019-408, §1.)
A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the board members and shall be issued under the seal of the board.
(Acts 1971, No. 2056, p. 3307, §14.)
Notice in writing shall be given to the board by the licensed examiner of any change of principal business location within 30 days of the time he or she changes the location. A change of business location without notification to the board shall automatically suspend the license therefor issued.
(Acts 1971, No. 2056, p. 3307, §15; Acts 1989, No. 89-269, p. 416, §3.)
(a)(1) Each polygraph examiner’s license shall be issued for the term of one year and shall, unless suspended or revoked, be renewed annually as prescribed by the board. A polygraph examiner whose license has expired may at any time within two months after the expiration obtain a renewal license, without examination or late penalty fee, by submitting a renewal application to the board and satisfying subdivisions (2), (3), and (4) of subsection (a) of Section 34-25-21. A polygraph examiner whose license has expired, and who does not apply for renewal within two months following expiration, may at any time within three to six months after the expiration obtain a renewal license, without examination, by paying a late penalty fee as prescribed by the board, submitting a renewal application to the board, and satisfying subdivisions (2), (3), and (4) of subsection (a) of Section 34-25-21.
(2) However, any polygraph examiner whose license expired while he or she was in the federal service on active duty with the Armed Forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed, without examination or late penalty fee, if within six months after termination of such service, training, or education, except under conditions other than honorable, he or she furnishes the board with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or other education has been terminated. Subdivisions (2), (3), and (4) of subsection (a) of Section 34-25-21 shall also be satisfied.
(b) The board shall adopt a program of continuing education for its licensees not later than October 1, 1993, and after that date no licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met. It is further provided that this continuing education program may not include testing or examination of the licensees in any manner.
(Acts 1971, No. 2056, p. 3307, §16; Acts 1981, No. 81-222, p. 293, §4; Acts 1983, No. 83-647, p. 1009, §1; Acts 1991, No. 91-164, p. 219, §3; Act 2003-61, p. 93, §3.)
No action or counterclaim shall be maintained by any person in any court in this state with respect to any agreement or service for which a license is required by this chapter or to recover such services for which a license is required by this chapter without alleging and proving that such person had a valid license at the time of making such agreement or performing such services.
(Acts 1971, No. 2056, p. 3307, §17.)
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.
(Acts 1971, No. 2056, p. 3307, §18; Acts 1989, No. 89-269, p. 416, §3.)
Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the board that the polygraph examiner-employer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
(Acts 1971, No. 2056, p. 3307, §19.)
(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.
(Acts 1971, No. 2056, p. 3307, §21.)
Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10-days’ written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board’s determination:
(1) Is not based upon substantial evidence upon the entire record;
(2) Is arbitrary or capricious;
(3) Is in violation of statutory requirement; or
(4) Was made without affording the licensee or applicant due process of law.
(Acts 1971, No. 2056, p. 3307, §22.)
Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the board; failure of a licensee to do so shall be a violation of this chapter and, upon conviction, shall be subject to the penalties set forth in this chapter. At any time after the suspension or revocation of any license, the board shall restore it to the former licensee upon the written recommendations of the board.
(Acts 1971, No. 2056, p. 3307, §23; Acts 1989, No. 89-269, p. 416, §3.)
The Legislature declares that in order to safeguard the health, safety, and welfare of the people of Alabama against the unauthorized, unqualified, and improper administration of prosthetic and orthotic care, it is necessary to provide for the licensing and regulation of persons offering prosthetic and orthotic services to the public.
(Act 2002-527, p. 1376, §1.)
This chapter shall be known as the Prosthetics and Orthotics Act.
(Act 2002-527, p. 1376, §2.)
As used in this chapter, the following terms have the following meanings:
(1) ACCREDITED FACILITY. A facility where prosthetic, orthotic, prosthetic and orthotic, or pedorthic care is provided to patients needing such care and has met the requirements of the board for such designation. The board shall require that all accredited facilities meet the requirements of a national certifying board, recognized by the state board in prosthetics, orthotics, and pedorthics. The requirements may include custom and non-custom items the board may determine are necessary to perform quality care and are typical in the course of business.
(2) ACCREDITED PEDORTHIC FACILITY. A facility where pedorthic care may be provided that has met the requirements of the board for such designation. An accredited pedorthic facility shall contain a site that includes at least the following equipment: Sanding/grinding equipment suitable for use, an oven for plastics and foams used in the fabrication of pedorthic devices, and a vacuum device for forming pedorthic devices.
(3) AUTHORIZED HEALTH CARE PRACTITIONER. A physician licensed to practice medicine or a person licensed or authorized to practice podiatry pursuant to Article 6, commencing with Section 34-24-230, of Chapter 24.
(4) BOARD. The Alabama State Board of Prosthetists and Orthotists.
(5) CHIROPRACTOR. A person licensed and acting within the definition as found in Section 34-24-120.
(6) MASTECTOMY FITTER. A health care professional who is specifically educated and trained in the provision of breast prostheses and post-mastectomy services, including patient assessment, formulation of a treatment plan, implementation of the treatment plan, and follow-up and practice management, which is consistent with national programs approved by the state board.
(7) OCCUPATIONAL THERAPIST/OCCUPATIONAL THERAPIST ASSISTANT/OCCUPATIONAL THERAPIST AIDE. A person who is licensed as an occupational therapist, or occupational therapy assistant, or occupational therapy aide as defined in Section 34-39-3.
(8) ORTHOSIS. A custom-fabricated, definitive brace or support that is designed for long-term use. Custom-fabricated orthoses, also known as custom-made orthoses, are devices designed and made from raw materials or commercially available components for a specific patient and require the generation of an image, form, or mold that replicates the patient’s body or body segment and involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort, and function for that specific patient. Except for the treatment of scoliosis, orthosis does not include prefabricated or direct-formed orthotic devices, as defined in this subdivision and does not include any of the following items: Commercially available knee orthoses used following injury or surgery; upper extremity adaptive equipment; finger splints; leather wrist gauntlets; face masks used following burns; wheelchair seating that is an integral part of the wheelchair and not worn by the patient independent of the wheelchair; fabric or elastic supports; corsets; arch supports, also known as non-custom or prefabricated orthotics; low-temperature formed plastic splints; trusses; elastic hose; canes; crutches; cervical collars; dental appliances, and other similar devices as determined by the board, such as those commonly carried in stock by a pharmacy, hospital, rehabilitation facility, department store, corset shop, or surgical supply facility. Prefabricated orthoses, also known as custom-fitted or off-the-shelf, are devices that are manufactured as commercially available items for no particular patient, but those devices that can be formed or shaped by a person licensed under this chapter are considered custom made. Direct-formed orthoses are devices formed or shaped during the molding process directly on the patient’s body or body segment.
(9) ORTHOTIC FITTER. A health care practitioner, licensed with the board, who is specifically educated and trained in the provision of certain orthoses, including patient assessment, formulation of a treatment plan, follow-up, and practice management, consistent with national programs approved by the state board.
(10) ORTHOTICS. The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice of orthotics encompasses evaluations and consultation and continuing care, with basic observational gait and posture analysis. Orthotists assess the need for and measure, design, manufacture, and fit orthoses to maximize function and provide not only the support but the alignment necessary to either prevent or correct deformity or to improve the safety and efficiency of mobility or locomotion, or both. Orthotic practice includes periodic evaluation and consultation to assess its effect on the patient’s tissue and assure proper fit and function of the orthotic device.
(11) ORTHOTIC SUPPLIER. A person registered with the board who is employed by or has a contractual relationship with a manufacturer of orthoses or orthosis components and who has complied with the registration requirements of the board.
(12) ORTHOTIST. A person licensed to practice orthotics under this chapter.
(13) ORTHOTIST ASSISTANT. A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator.
(14) PEDORTHIC DEVICE. Custom therapeutic shoes, diabetic shoes if prescribed by an authorized health care practitioner for the treatment of partial or complete amputation of the foot, foot ulceration, pre-ulcerative callous, or foot deformity, shoe modifications made for therapeutic purposes, partial foot prostheses, and foot orthoses and orthoses for use from the knee and below used for the treatment or alleviation, or both, of a condition that has its origin in the foot. A pedorthic device, custom or non-custom, addresses a medical condition of the foot below the ankle and is prescribed by an authorized health care practitioner.
(15) PEDORTHICS. The design, manufacture, modification, or fit of custom shoes, orthoses, and pedorthic devices to prevent or alleviate foot problems caused by disease, congenital defect, overuse, or injury.
(16) PEDORTHIST. A person who is licensed to practice pedorthics under this chapter.
(17) PHYSICAL THERAPIST/PHYSICAL THERAPIST ASSISTANT/PHYSICAL THERAPIST TECHNICIAN. A person who is licensed to practice as defined in Section 34-24-191.
(18) PHYSICIAN. A person who is a doctor of medicine or a doctor of osteopathy licensed to practice.
(19) PODIATRIST. A person licensed or authorized to practice podiatry pursuant to Article 6 of Chapter 24.
(20) PROSTHESIS. A definitive artificial limb that is alignable or articulated or, in lower extremity applications, capable of bearing weight. Prosthesis means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or other external human body part and that includes an artificial limb, hand, or foot. The term does not include artificial eyes, ears, dental appliances, ostomy products, devices such as artificial breasts or eyelashes, wigs, or other devices as determined by the board that do not have a significant impact on the musculoskeletal functions of the body.
(21) PROSTHETICS. The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial education necessary to accomplish the wearing and use of a prosthesis, through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. The practice of prosthetics also includes the generation of an image, form, or mold that replicates the patient’s body or body segment and that requires rectification of dimensions, contours, and volumes for use in the design and fabrication of a socket to accept a residual limb to create an artificial appendage that is designed either to support body weight or to improve or restore function or cosmesis, or both. Involved in the practice of prosthetics is observational gait analysis and clinical assessment of the requirements necessary to refine and mechanically fix the relative position of various parts of the prosthesis to maximize the function, stability, and safety of the patient. The practice of prosthetics includes evaluation, consultation, and providing continuing patient care in order to assess the effect of the prosthetic device on the patient’s tissues and to assure proper fit and function of the prosthetic device.
(22) PROSTHETIST. A person who is licensed to practice prosthetics under this chapter.
(23) PROSTHETIST ASSISTANT. A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator.
(24) PROSTHETIST/ORTHOTIST. A person licensed to practice prosthetics and orthotics under this chapter.
(25) THERAPEUTIC SHOE FITTER. A health care professional who is licensed by the board and who is specifically educated and trained to provide non-custom therapeutic shoes and non-custom multi-density inserts. This includes patient assessment, formulation of a plan, implementation of the treatment plan, follow-up, and practice management.
(Act 2002-527, p. 1376, §3; Act 2003-275, p. 645, §1; Act 2006-302, p. 628, §1; Act 2009-300, p. 510, §1; Act 2011-553, p. 1022, §1; Act 2013-422, p. 1680, §2; Act 2022-129, §1; Act 2023-326, §1.)
(a) A licensed prosthetist, licensed orthotist, or licensed prosthetist/orthotist may provide services utilizing new prostheses or orthoses for which he or she is licensed and only under a written order from an authorized health care practitioner. A consultation with and periodic review by an authorized health care practitioner is not required for the evaluation, repair, adjusting, or servicing of a prosthesis by a licensed prosthetist, or licensed prosthetist/orthotist and for the evaluation, repair, adjusting, or servicing of an orthosis by a licensed orthotist, or licensed prosthetist/orthotist; nor is an order from an authorized health care practitioner required for maintenance or replacement of an orthosis or prosthesis to the level of its original prescription for an indefinite period of time if the original order remains appropriate for the patient’s medical needs.
(b) Prosthetists and orthotists must refer persons receiving service to authorized health care practitioners if they have reasonable cause to believe symptoms or conditions are present that require services beyond the scope of their practice or for which the prescribed prosthetic or orthotic service is contraindicated.
(c) An orthotic supplier may engage in one or more of the following: Evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, repairing, replacing, or delivering orthoses. An orthotic supplier may provide orthoses in hospitals, rehabilitation facilities, physician’s offices, physician’s clinics, or other sites as required. An orthotic supplier shall provide orthoses based on a written prescription from an authorized health care practitioner and under the supervision of such authorized health care practitioner.
(d) No person licensed under this chapter shall provide services to a patient without being in the physical presence of the patient.
(Act 2002-527, p. 1376, §4; Act 2013-422, p. 1680, §2.)
(a) Except as provided in subsection (h) or (i), no person shall administer prosthetic, orthotic, or pedorthic care in this state unless licensed or registered to do so in accordance with this chapter. The board shall issue approved forms for application prior to January 1, 2003.
(b) In order to obtain a license as a prosthetist, orthotist, or prosthetist/orthotist in this state, an applicant 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, and shall do the following:
(1) File a written application on forms to be developed and approved by the board. The applicant shall meet at least one of the following requirements after a one-year grandfather period:
a. The applicant shall possess a baccalaureate degree in orthotics and prosthetics from a college or university accredited by a regional accrediting agency and complete 1,900 hours per discipline sought of directed employment under the supervision of a certified/licensed prosthetist, a certified/licensed orthotist or a certified/licensed prosthetist/orthotist in an accredited facility, and be certified as a prosthetist, orthotist, or prosthetist/orthotist by a national certifying board in orthotics or prosthetics approved by the state board.
b. The applicant shall possess a baccalaureate degree from a regionally accredited college or university and have successfully completed a post-baccalaureate certificate course approved by the board and completed 1,900 hours of directed employment per discipline in which license is sought under the supervision of a certified/licensed prosthetist, a certified/licensed orthotist, or a certified/licensed prosthetist/orthotist in an accredited facility, and be certified by a national certifying board in prosthetics or orthotics approved by the state board.
c. The applicant shall possess an associate’s degree from a regionally accredited college or university, junior college, or community college and have successfully completed postsecondary coursework in anatomy, physiology, physics, biology, chemistry, algebra, and calculus and have worked under the supervision of a certified/licensed prosthetist, a certified/licensed orthotist, or a certified/licensed prosthetist/orthotist for not less than four consecutive years of the past six years in an accredited facility, and be certified by a national certifying board in prosthetics or orthotics approved by the state board.
d. The applicant shall have successfully completed postsecondary coursework in anatomy, physiology, physics, biology, chemistry, algebra, and calculus and have worked under the supervision of a certified/licensed prosthetist, a certified/licensed orthotist, or a certified/licensed prosthetist/orthotist for not less than eight years of the last 12 years and be certified as a prosthetist, orthotist, or prosthetist/orthotist by a national certifying board approved by the state board.
(2) Any applicant after the first year following the board’s issuance of applications shall meet the requirements of subdivision (b)(1) prior to receiving a license as a prosthetist, an orthotist, or a prosthetist/orthotist.
(c) In order to obtain a license as a pedorthist in this state, an applicant 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, and shall file a written application on forms to be developed and approved by the board. Applicants shall be in good standing as a certified pedorthist with a national certifying board approved by the state board.
(d) In order to obtain registration as an orthotic supplier, an applicant 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, and shall do the following:
(1) File a written application on forms to be developed and approved by the board. Such forms shall require personal information such as full name, current address, educational status and history, and work history for the last five years of employment.
(2) The application forms shall be accompanied, when submitted, by attestation of employment by or contractual relationship with a manufacturer of orthoses or orthosis components whether registered with the United States Food and Drug Administration or not. Attestation shall be by notarized statement signed by the president, chief operating officer, or other designated corporate official of the employing company.
(e) The board shall grant a license without an examination for those qualified applicants who apply within one year of the issuance of application forms by the board. For purposes of this subsection, qualified applicants are those who possess current credentials as a Certified Prosthetist, Certified Orthotist, or Certified Prosthetist/Orthotist issued by the American Board for Certification in Orthotics and Prosthetics, Incorporated, or the Board for Orthotist/Prosthetist Certification as a prosthetist, orthotist, or prosthetist/orthotist.
(f) The board may issue a 12-month temporary license as a prosthetist, an orthotist, a pedorthist, or a prosthetist/orthotist to persons who have applied for licensure and are awaiting examination. The temporary license is renewable once for a six-month period if the applicant fails to pass the examination at the first sitting.
(g) The board shall grant a license as a prosthetist, an orthotist, a prosthetist/orthotist, or pedorthist to an applicant in possession of a current license as a prosthetist, orthotist, prosthetist/orthotist, or pedorthist in another state or territory of the United States without examination if the board determines that the credentialing standards set by the other state or territory are substantially equivalent to the standards set by the board for this state.
(h) No person may represent himself or herself as a licensed prosthetist, licensed orthotist, licensed prosthetist/orthotist, or licensed pedorthist, use a title or description of services, or engage in the practice of prosthetics, orthotics, or pedorthics without applying for licensure, meeting the required qualifications, and being licensed by the board unless otherwise exempted by this chapter. A person not licensed with the board may not represent himself or herself as being so licensed and may not use, in connection with his or her name, the words licensed orthotist, orthotist, licensed prosthetist, prosthetist, licensed prosthetist/orthotist, prosthetist/orthotist, licensed pedorthist, pedorthist, licensed orthotic fitter, orthotic fitter, licensed mastectomy fitter, mastectomy fitter, licensed therapeutic shoe fitter, therapeutic shoe fitter, or letters “L.O.,” “L.P.,” “L.P.O.,” “L.O.A.,” “LPed,” “L.P.A.,” “L.P.O.A.,” “L.M.F.,” “L.O.F.,” “L.T.S.F.” or other letters, words, signs, numbers, or insignia indicating or implying that he or she is either a licensed prosthetist, a licensed orthotist, a licensed prosthetist/orthotist, a licensed pedorthist, a licensed mastectomy fitter, a licensed therapeutic shoe fitter, or a licensed orthotic fitter in the State of Alabama without first having a valid license. The license shall be posted in a conspicuous location at the person’s work site.
(i) Nothing in this chapter shall be construed to prohibit or restrict the following:
(1) The practice of prosthetics, orthotics, or pedorthics by individuals authorized and performing services within their authorized scopes of practice as adopted by the Legislature including, but not limited to, authorized health care practitioners, doctors of podiatry, chiropractors, physical therapists, and occupational therapists licensed in this state.
(2) The practice of prosthetics, orthotics, or pedorthics by an individual employed by, or in the service of, the government of the United States of America while engaged in the performance of duties prescribed by the laws of the United States of America.
(3) The practice of prosthetics, orthotics, or pedorthics by any person not licensed as a prosthetist, orthotist, prosthetist/orthotist, orthotic fitter, therapeutic shoe fitter, or pedorthist in accordance with this chapter who is employed in a hospital, rehabilitation facility, or authorized health care practitioner’s office under the direction of an authorized health care practitioner.
(4) A person fulfilling the supervised residency or internship experience requirements described in this chapter.
(5) The practice of prosthetics, orthotics, or pedorthics by a clinician who is certified or licensed in another state at meetings of the Alabama Prosthetic & Orthotic Association (APOA) or similar organizations or at training events approved by the board to provide clinical services performed by a certified or licensed clinician.
(6) The practice of pharmacy by an individual subject to Chapter 23 of this title.
(Act 2002-527, p. 1376, §5; Act 2003-275, p. 649, §1; Act 2006-302, p. 628, §1; Act 2009-300, p. 510, §1; Act 2010-145, p. 206, §3; Act 2011-553, p. 1022, §1; Act 2013-422, p. 1680, §2; Act 2015-68, p. 251, §1; Act 2018-151, §1; Act 2018-159, §1; Act 2023-326, §1.)
(a) The board may invoke disciplinary action as outlined in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act, that any person or entity to whom a license, registration, accreditation, or renewal thereof has been issued is guilty of any of the following:
(1) Fraud, deceit, or misrepresentation in obtaining any license, registration, accreditation, or renewal thereof or money or other thing of value.
(2) Gross immorality.
(3) Being an habitual user of intoxicants or drugs rendering the person unfit for the practice of prosthetics, orthotics, or pedorthics.
(4) Conviction of a felony or a misdemeanor involving moral turpitude.
(5) Gross negligence in the practice of prosthetics, orthotics, or pedorthics.
(6) Employing, allowing, or permitting any unlicensed person to perform any work in his or her office or facility which, under this chapter, may only be legally performed by a person holding a required license or registration.
(7) Violating any rule adopted by the board.
(8) Violating any provision of this chapter.
(9) Has had his or her license or registration to practice prosthetics, orthotics, or pedorthics or accreditation from another state subject to discipline for acts similar to those described in this subsection. A certified copy of the discipline from the state imposing the same shall be conclusive evidence thereof.
(10) Irregularities in billing an insurance company or other third-party payor for services rendered. Irregularities shall include reporting charges for the purpose of obtaining a total payment in excess of that usually received for the services rendered, falsely reporting treatment dates for the purpose of obtaining payments, falsely reporting charges for services not rendered, or falsely reporting services rendered for the purpose of obtaining payment.
(11) Unprofessional conduct as defined by rule of the board.
(b) When the board finds any person or entity to whom a license, registration, accreditation, or renewal thereof is issued guilty of any of the grounds set forth in subsection (a), it may enter an order imposing one or more of the following penalties:
(1) Refuse to issue or deny any license, registration, accreditation, or renewal thereof.
(2) Revoke or suspend any license, registration, accreditation, or renewal thereof issued or required by the board.
(3) Enter a censure.
(4) Enter an order fixing a period of probation best adapted to protect the public health and safety and for rehabilitation.
(5) Impose an administrative fine not to exceed one thousand dollars ($1,000) for each count or separate offense.
(6) Impose the costs of any investigation or disciplinary proceeding.
(7) Impose restrictions on the scope of practice.
(8) Impose peer review or professional education requirements.
(c) Failure to comply with any final or consent order of the board, including, but not limited to, an order of censure or probation, is cause for suspension or revocation.
(Act 2002-527, p. 1376, §6; Act 2009-300, p. 510, §1.)
The board shall perform all the following duties:
(1) Establish and publish continuing education requirements for persons licensed in this chapter.
(2) Examine for, approve, deny, revoke, suspend, reinstate, and renew licensure accreditation or registration of duly qualified applicants and develop, promulgate, and establish fines, penalties, and requirements for reinstatement of licensure, accreditation, or registration.
(3) Receive applications, issue licenses, accreditations, or registrations to applicants who have met the requirements for licensure, accreditation, or registration, and deny licenses, accreditations, or registrations to applicants who do not meet the minimum qualifications.
(4) Hire administrative, clerical, investigative, and other staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any practical examinations required by the board either within the state classified service or not within it.
(5) Promulgate and publish rules and regulations in accordance with the Administrative Procedure Act to administer this chapter. Any rule or regulation defining the scope of practice or permissible activities of a licensed orthotist, licensed prosthetist, or a licensed prosthetist/orthotist or a registered orthotic supplier shall be published jointly with the State Board of Medical Examiners.
(6) Develop and promulgate requirements and establish fees for the licensure of mastectomy fitters, orthotic fitters, therapeutic shoe fitters, orthotic assistants, prosthetic assistants, or prosthetic/orthotic assistants. Such licenses shall be regulated and issued by the board.
(7) Prepare and administer, or approve the preparation and administration of, examinations for applicants for licensure.
(Act 2002-527, p. 1376, §7; Act 2006-159, p. 232, §3; Act 2006-302, p. 628, §1; Act 2009-300, p. 510, §1; Act 2011-553, p. 1022, §1; Act 2013-422, p. 1680, §2.)
(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.
(Act 2002-527, p. 1376, §8; Act 2003-275, p. 649, §1; Act 2006-302, p. 628, §1; Act 2009-300, p. 510, §1; Act 2010-145, p. 206, §3; Act 2023-326, §§1, 2.)
(a) Regarding the board created by Act 2009-300, initial appointments shall be staggered such that two members are appointed for one year, two members are appointed for two years, and two members appointed for three years and three members are appointed for four years. Thereafter all members shall be appointed for four-year terms. Members shall serve until their successors are appointed and qualified, provided, no member shall serve more than eight consecutive years or two consecutive terms, whichever is greater. This legislation shall not include their initial terms, and no hold-over term, under Section 34-25A-8(a), shall exceed 12 months.
(b) Upon the expiration of the initial terms and all terms of office thereafter, the appointing authorities shall appoint successors for terms of four years each. A quorum shall consist of five members.
(c) The board may employ an executive director and such other officers and employees it deems necessary, with or without regard to the state Merit System, and may set the salary and terms of employment for such officers and employees.
(Act 2002-527, p. 1376, §9; Act 2009-300, p. 510, §1.)
There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama State Board of Orthotists and Prosthetists Fund. All receipts and administrative fines collected by the board pursuant to this chapter shall be deposited in the fund and used only to implement and administer this chapter. The receipts shall be disbursed only by warrant of the state Comptroller, upon itemized vouchers approved by the executive director, if one is provided, otherwise by the chairperson of the board. Funds shall be withdrawn or expended pursuant 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 bill or other appropriations bills.
(Act 2002-527, p. 1376, §10.)
(a) The board shall issue a license or registration to any person who meets the qualifications required by this chapter and who pays the respective fees fixed by the board.
(b) Any person who is issued a license as an orthotic, prosthetic, or prosthetic/orthotic practitioner or orthotic assistant, prosthetic assistant, or prosthetic/orthotic assistant under this chapter may use the words licensed orthotist, licensed prosthetist, licensed prosthetist/orthotist, licensed orthotist assistant, licensed prosthetist assistant, or licensed prosthetist/orthotist assistant, or the letters “L.O.,” “L.P.,” “L.P.O.,” “L.O.A.,” “LPed,” “L.P.A.,” “L.P.O.A.,” “L.M.F.,” “L.O.F.,” “C.M.F.,” “L.C.M.F,” or “L.T.S.F.” in connection with his or her name to denote his or her licensure. Any person issued a license as an orthotic supplier under this chapter may use the words licensed orthotic supplier or the letters “R.O.S.” in connection with his or her name to denote his or her registration.
(c) A license or registration issued under this chapter shall be subject to annual or semiannual renewal as prescribed by rule or regulation duly promulgated and published by the board.
(Act 2002-527, p. 1376, §11; Act 2013-422, p. 1680, §2.)
(a) The board shall promulgate rules and regulations for all licensure fees, registration fees, renewal fees, and accreditation fees. The application fee for licensure as an orthotist, prosthetist, orthotist assistant, prosthetist assistant, prosthetist/orthotist, or pedorthist shall not exceed two hundred fifty dollars ($250) and the application fee for registration as an orthotic supplier shall not exceed one hundred fifty dollars ($150). The application fee for accreditation shall not exceed three hundred fifty dollars ($350) per facility. The licensure fee shall not exceed nine hundred fifty dollars ($950) per discipline per term of license. The accreditation fee shall not exceed nine hundred fifty dollars ($950) per term for each accredited facility. Registration fees and renewal fees shall not exceed three hundred fifty dollars ($350) per term of registration or renewal, and all other associated assistant fees shall not exceed five hundred dollars ($500) per term of license.
(b) Maximum fees as defined in subsection (a) may be exceeded when a late renewal fee is authorized or imposed by the board.
(c) The board may prescribe by rule that individuals who due to age or physical disability are unable to practice, who have retired from the practice, who are licensed in the state but are practicing out of state, or who are on temporary active duty with any of the Armed Forces of the United States shall be allowed to pay a renewal fee in an amount less than the amount paid by individuals in current practice. The amount shall be established by the board.
(Act 2002-527, p. 1376, §12; Act 2003-275, p. 649, §1; Act 2006-302, p. 628, §1; Act 2009-300, p. 510, §1; Act 2011-553, p. 1022, §1.)
(a) Any person who practices prosthetics, orthotics, or pedorthics without first having obtained from the board a license, registration, or renewal thereof shall, upon conviction, be guilty of a Class B misdemeanor.
(b) The board may, in its own name, bring an action in circuit court for an injunction, and the court may enjoin any person from violating any provision of this chapter.
(Act 2002-527, p. 1376, §13; Act 2009-300, p. 510, §1.)
Nothing in this chapter shall authorize a mastectomy fitter to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other medical conditions; to perform surgery of any type or description; or to prescribe any drug or medical device.
(Act 2009-300, p. 510, §2.)
(a) The members of the board and all employees of the board shall be subject to the State Ethics Law, Sections 36-25-1 to 36-25-30, inclusive.
(b) The board shall be subject to the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2006, unless continued as therein provided and, if continued, the board shall be reviewed every four years thereafter.
(Act 2002-527, p. 1376, §15.)
This chapter shall be known and may be cited as the “Alabama Private Investigation Regulatory Act.”
(Act 2013-306, p. 1021, §1.)
As used in this chapter, the following terms have the following meanings:
(1) BOARD. The Alabama Private Investigation Board.
(2) FELONY. A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if committed in this state, would constitute a felony under Alabama law; a crime in any other state or a crime against the United States which is designated as a felony; or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding one year.
(3) PRIVATE INVESTIGATION. The compensated act of any individual or company engaging in the business of obtaining or furnishing information with reference to any of the following:
a. A crime committed or threatened against the United States or any state or territory of the United States.
b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, including, but not limited to, the credibility of an individual giving testimony in a criminal or civil proceeding, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations, or character of any individual.
c. The location, disposition, or recovery of lost or stolen property.
d. The cause or responsibility for fires, losses, accidents, damages, or injuries to individuals or to property.
(4) PRIVATE INVESTIGATION AGENCY. A corporation, firm, partnership, or other business entity that, for compensation, practices private investigation in this state and employs licensed private investigators. The term includes a business entity that practices private investigation through licensed private investigators who are solely independent contractors rather than employees.
(5) PRIVATE INVESTIGATOR. a. An individual who, for compensation, performs one or more of the private investigation services defined and regulated by this article.
b. An individual who, for consideration, advertises as providing or performing private investigation. The term does not include an informant who, on a one time or limited basis, as a result of a unique expertise, ability, or vocation, and who provides information or services while under the direction and control of a licensee of the board, that would otherwise be included in the definition of private investigation.
c. An individual who is engaged in private investigation and who is licensed in accordance with this article.
(6) PRIVATE INVESTIGATOR APPRENTICE. An individual who is engaged in private investigation under the supervision of a licensed private investigator and who is licensed in accordance with this article.
(Act 2013-306, p. 1021, §2; Act 2023-397, §2.)
An individual may not practice private investigation or hold himself or herself out to the public as a private investigator or private investigator apprentice or use any term, title, or abbreviation that expresses, infers, or implies that the individual is licensed as a private investigator or private investigator apprentice unless the individual at the time holds a valid license to practice private investigation as provided in this article.
(Act 2013-306, p. 1021, §3; Act 2023-397, §2.)
(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.
(Act 2013-306, p. 1021, §4; Act 2023-397, §2.)
(a) The board is declared to be a quasi-judicial body. Absent negligence, wantonness, recklessness, or deliberate misconduct, the members and the employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this chapter.
(b) Board members and employees shall be defended by the Attorney General in regard to any criminal or civil litigation filed against them based on the performance of their official duties under this chapter.
(Act 2013-306, p. 1021, §5.)
At the initial meeting of the board and each time a new member is appointed to the board, the members of the board shall select from among their members a chair to preside over meetings of the board and a vice chair to preside in the absence of the chair.
(Act 2013-306, p. 1021, §6.)
(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.
(Act 2013-306, p. 1021, §7; Act 2023-397, §2.)
(a) The board may promulgate rules necessary to implement this chapter and accomplish its objectives subject to the Alabama Administrative Procedure Act.
(b) The board may promulgate and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.
(c) The board may hire personnel necessary or as advisable to carry out the purposes and provisions of this chapter. With the exception of the Executive Director, all personnel shall be subject to the provisions of the state Merit System Act.
(d) The Attorney General shall provide legal services to the board and board employees in connection with official duties and actions of the board.
(Act 2013-306, p. 1021, §8.)
(a) The board shall establish regular and special meetings for the purpose of transacting its business as provided by rules promulgated by the board. Notice of board meetings and meetings of the board shall comply with the Alabama Open Meetings Act.
(b) A majority of the board shall constitute a quorum at any meeting of the board.
(Act 2013-306, p. 1021, §9.)
(a) Except as otherwise provided in this article, it shall be unlawful for any individual to act as a private investigator or private investigator apprentice without first obtaining a license from the board. For prosecution purposes, a violation of this article is classified as a Class A misdemeanor, punishable by a fine of not more than six thousand dollars ($6,000) and imprisonment for up to one year.
(b) Each individual licensed in accordance with this article shall designate to the board a physical address where his or her records are to be kept.
(Act 2013-306, p. 1021, §10; Act 2023-397, §2.)
(a) Except as provided in subsection (b), an application and all information on an application for licensure as a private investigator, private investigator apprentice, or private investigation agency shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:
(1) His or her full name.
(2) His or her date and place of birth.
(3) All residences during the immediate past five years.
(4) All employment or occupations engaged in during the immediate past five years.
(5) Three sets of classifiable fingerprints or electronic fingerprints or criminal history background information, or both, as approved by the board for initial licensure.
(6) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.
(b) The board may publish the name of a licensee and his or her license number, date of licensure, and license status on the website of the board and in any licensee directory printed or distributed by the board. Additionally, with written permission of the licensee, the board may release or publish contact information for a licensee, including his or her email address, website, telephone number, and address.
(Act 2013-306, p. 1021, §11; Act 2023-397, §2.)
Each individual applicant for a license as a private investigator shall meet all of the following criteria:
(1) Is at least 21 years of age.
(2) Has successfully completed a criminal history background check based on criteria established by the board.
(3) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.
(4) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.
(5) Has not been convicted of a felony crime.
(6) Has passed an examination administered by the board designed to measure knowledge and competence in the investigation field and in state civil and criminal privacy laws.
(7) Has a minimum of two years’ experience, education, or training, or a combination thereof, including 120 hours of practical field experience directly related to private investigation, in any of the following areas:
a. Special investigations, consisting of special investigative experience in insurance, fire or arson, banking, legal, or similar setting, or other special investigatory experience as determined suitable by the board.
b. Law enforcement, consisting of experience as a sworn law enforcement officer, investigative experience as a detective or investigator at the federal, state, or local level, or other investigative experience as determined suitable by the board.
c. Education, consisting of a minimum of a two-year degree in a field of study directly related to private investigation including, but not limited to, criminal justice, political science, criminology, or law enforcement.
d. Internship, consisting of successful completion of a private investigator apprenticeship pursuant to Section 34-25B-12.1.
(Act 2013-306, p. 1021, §12; Act 2023-397, §2.)
(a) An individual may obtain a license as a private investigator apprentice and work under the supervision of a private investigator.
(b) An applicant for a private investigator apprentice license shall meet all of the following criteria to obtain a license:
(1) Be at least 18 years of age.
(2) Be a high school graduate, have earned a GED certification, or have completed other equivalent education as determined suitable by the board.
(3) Meet the requirements of subdivisions (2) to (5), inclusive, of Section 34-25B-12.
(c) An individual issued a private investigator apprentice license shall successfully pass an examination required by the board, which shall be taken during a time period designated by rule of the board, not sooner than 45 days after initial licensure. Before taking the examination, a private investigator apprentice licensee may begin working as an intern. If the examination is not successfully passed by the deadline set by rule of the board, the private investigator apprentice license may be suspended until such time that a passing grade has been achieved.
(d)(1) A private investigator apprentice shall be trained under the supervision of a sponsor private investigator who has at least two years’ experience as a licensed private investigator in this state and who is certified by the board as a sponsor. The board may charge a one-time certification fee per sponsor, not exceeding fifty dollars ($50), and may, by rule, establish standards for certification, refusing certification, reporting of apprentices sponsored, and documentation required for sponsorships.
(2) Supervision of a private investigator apprentice may be in person, by telephone, or by other form of electronic communication and oversight. A sponsor may not act as a sponsor for more than five private investigator apprentices at one time. A sponsor shall maintain records of training activities as required by the board, by rule, and shall make those records available to the board upon request. Failure of a sponsor to maintain adequate records may result in the revocation of his or her sponsor certification.
(e) A private investigator apprentice shall have three years to complete his or her internship. An internship shall consist of both of the following:
(1) The successful completion of a minimum number of hours of experience in the field and classroom training, not exceeding 300 hours, as established by board rule. Classroom instruction shall be provided by a certified trainer and shall include instruction in administrative functions, including report writing and research.
(2) The successful completion of a minimum of eight hours per year of continuing education credit, as administered by the Alabama Private Investigators Association, or other certified provider of continuing education approved by the board. The coursework shall include instruction in investigations and a minimum of two hours of ethics training annually, and may include business operations training.
(f) To qualify for a license as a private investigator, a private investigator apprentice licensee shall submit proof of successful completion of an internship pursuant to this section and shall pay the applicable license fee to the board.
(g) A private investigator apprentice licensee who does not complete an internship within three years after being issued a private investigator apprentice license shall be required to reapply for a new private investigator apprentice license. A private investigator apprentice license shall be renewed annually during an internship. Any education and training experience completed during a previous internship shall be credited toward completing a new internship. A private investigator apprentice licensee may obtain a copy of his or her training records from the sponsoring private investigator. A sponsor who fails to provide training records, as requested, may have his or her sponsor certification revoked or be fined by the board, or both.
(h) A private investigator apprentice licensee may only perform work under the supervision of a certified sponsor and may not advertise or perform any private investigation services for the general public outside of that supervision.
(i) If a private investigator apprentice is instructed by a sponsor to perform any action that violates this article, both the private investigator apprentice and the sponsor may be held responsible by the board. The private investigator apprentice licensee shall be responsible for identifying any conflicts of interest on assigned case work and notifying the sponsor of any conflict.
(Act 2023-397, §3)
(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.
(Act 2013-306, p. 1021, §13; Act 2023-397; §2.)
(a) The board shall issue to every private investigator licensee and private investigator apprentice licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain all of the following information of the licensee:
(1) Name.
(2) Photograph.
(3) Physical characteristics.
(4) Private investigator’s license number.
(5) Expiration date of license.
(b) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
(c) A private investigator licensee shall include his or her license number on all advertisements, brochures, stationery, letterhead, case reports, and business cards distributed or used by the private investigator.
(Act 2013-306, p. 1021, §14; Act 2023-397, §2.)
Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee.
(Act 2013-306, p. 1021, §15.)
Upon receipt of an application and applicable fees, the board shall conduct an investigation to determine whether the statements made in the application are true.
(Act 2013-306, p. 1021, §16.)
(a) All licenses issued or renewed under this article shall be valid for a period of two years from the month of issuance. The board shall mail to each licensee, at his or her address of record, a notice of renewal at least 60 days prior to the expiration of his or her license. An application for renewal shall be available for download by the licensee on the website of the board. A licensee shall report any change of address to the board.
(b) Each application for renewal shall be reviewed for criminal convictions and civil fraud findings.
(c) An administrative late fee not exceeding two hundred dollars ($200), as prescribed by the board, shall be assessed on any renewal application postmarked after the expiration date of the license.
(d) A renewal application may not be accepted by the board more than 30 days after the expiration date of the license. This subsection may be waived by the board for good cause.
(e) A licensee may request, in writing, for the board to place his or her license on inactive status. The fees for issuing and renewing an inactive status certificate shall be established by rule of the board. The board shall also provide, by rule, for the activities an inactive status certificate holder may engage in, and for the procedure and fees required to reinstate an inactive status license. Any holder of an inactive status certificate who violates the limitations of the certificate shall be subject to fines and disciplinary action established by rule of the board.
(Act 2013-306, p. 1021, §17; Act 2023-397, §2.)
(a) The board may suspend, revoke, or refuse to issue or renew any private investigator license issued by the board upon finding that the holder or applicant has committed any of the following acts:
(1) A violation of this article or any rule adopted pursuant to this article.
(2) Fraud, deceit, or misrepresentation regarding an application or license.
(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.
(4) A conviction by a court of competent jurisdiction of a felony.
(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the individual for the license.
(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.
(b) In addition to, or in lieu of, any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000) for each violation.
(c) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.
(d) Any entity or individual who operates, provides services, or advertises the provision of private investigator services without a license as required by this article shall be subject to an administrative fine of up to one thousand dollars ($1,000) per day that those services are provided or advertised and may be administratively enjoined by the board from providing services or advertising until in compliance with this article.
(Act 2013-306, p. 1021, §18; Act 2023-397, §2.)
(a) No licensee or applicant shall be required to obtain any authorization or license from, or pay any other fee or post a bond in, any municipality, county, or other political subdivision of this state to engage in any activity regulated under this chapter.
(b) Notwithstanding subsection (a), a municipality, county, or other political subdivision of this state may impose a bona fide occupational tax or business license fee on a licensee.
(Act 2013-306, p. 1021, §19.)
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.
(Act 2013-306, p. 1021, §20.)
The board shall routinely publish and update a copy of this article and any rules adopted under this article on the website of the board.
(Act 2013-306, p. 1021, §21; Act 2023-397, §2.)
(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.
(Act 2013-306, p. 1021, §22; Act 2023-397, §2.)
The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case.
(Act 2013-306, p. 1021, §23.)
This chapter does not apply to the following:
(1) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is performing duties related to his or her employment.
(2) An investigation of the internal affairs of a private business entity investigating a current or prospective employee.
(3) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is working under a contract for his or her services that his or her employer signed with a third party.
(4) Any person or professional, including without limitation an attorney providing legal services, who is not primarily engaged in the business of private investigation, but who in conjunction with his or her business or profession may occasionally perform private investigation services.
(5) Any business or entity that is not primarily engaged in the business of private investigation.
(6) A consumer reporting agency as defined by the Federal Fair Credit Reporting Act.
(7) Any certified public accountant authorized to engage in the practice of public accountancy in this state or any entity licensed or otherwise permitted to engage in the practice of public accountancy in this state or the affiliated entities thereof.
(8)a. An attorney-at-law in good standing and licensed to practice law;
b. An employee of a single attorney or single law firm who is acting within the employee’s scope of employment for the attorney or law firm; or
c. A consultant, accident reconstructionist, or forensic scientist when the person is retained by an attorney, insurance company representative, or appointed by a court to serve as an expert witness or to investigate, or to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific, or social science field.
(9) Any individual engaged in any of the following:
a. Computer or digital forensic services.
b. The acquisition, review, or analysis of digital or computer-based information in order to obtain or furnish information for evidentiary or other purposes or to provide expert testimony before any court, board, officer, or investigating committee.
c. Network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.
(Act 2013-306, p. 1021, §24.)
(a) There is created within the board a Division of Investigation that shall be the board’s official investigative agency.
(b) Each licensee shall provide to the investigative division staff all records that pertain to the exact nature of the complaint under investigation and upon the issuance of a subpoena.
(c) The board or an executive director of the board may subpoena those persons or documents necessary to any investigation undertaken under this chapter if other means including, but not limited to, notification by return receipt registered United States mail, have not produced the desired results. Any subpoena issued shall be limited to investigations by the board of its members and shall not extend to any other matter.
(Act 2013-306, p. 1021, §25.)
(a) Each private investigator licensee shall complete 16 hours of continuing professional education, including two hours of ethics instruction, acceptable to the board in each two-year renewable licensing period.
(b) The board shall adopt rules as necessary to implement this section.
(Act 2013-306, p. 1021, §26; Act 2023-397, §2.)
(a) Any person offering private investigation training must first be certified by the board. The board shall ensure that the instructors employed by the training provider possess both the experience and academic credentials to ensure that the curriculum and instruction will be beneficial to those seeking to enter the profession. In order to qualify as a certified trainer or instructor, or both, the trainer shall meet the following criteria that he or she:
(1) Is at least 21 years of age.
(2) Has had at least three years’ experience satisfactory to the board with an investigative company or proprietary entity or with any federal, United States Military, state, county, or municipal law enforcement agency relating to the block of instruction.
(3) Is personally qualified to conduct the training required by this chapter and is certified by the board which shall establish standards for the instruction process.
(b) A certified trainer, in his or her discretion, may instruct personally or use a combination of personal, instruction, audio, and visual training aids.
(c) To assist in the implementation of a training program, the certified trainer may use as an assistant trainer any person who meets each of the following requirements that the assistant:
(1) Is at least 19 years of age.
(2) Has had at least one year of experience with an investigative company or any United States Military, state, county, or municipal law enforcement agency.
(d) A certified trainer may be an employee of a private investigative or propriety agency or, if not, employed by an agency as a company under this chapter.
(e) The certified trainer shall certify that he or she has successfully completed the training and shall submit the certification to the board.
(f) The training program, fees, and requirements shall be established by rules promulgated by the board.
(Act 2013-306, p. 1021, §27; Act 2016-64, §3.)
No criminal or civil action taken under this chapter precludes a prosecution or action under any other law of this state.
(Act 2013-306, p. 1021, §28.)
The Alabama Private Investigation Board is subject to the provisions of the Alabama Sunset Law of 1981. The board shall automatically terminate on October 1, 2016, and every four years thereafter, unless a bill is passed that it be continued, modified, or reestablished.
(Act 2013-306, p. 1021, §29.)
(a)(1) A business entity and its agents, officers, and employees, whether domiciled within or outside of this state, which employ or subcontract with private investigators, may not practice, advertise, or hold themselves out to the public as a private investigation agency without first being licensed by the board. A violation of this subsection by an applicant or a licensee shall be punishable as a Class A misdemeanor. (2) This subsection does not prevent a business entity domiciled outside of this state from contracting with a private investigation agency domiciled within this state, but requires any private investigator doing contract work for a business entity domiciled outside of this state, which is not licensed in this state, to register as a private investigation agency. (b) Commencing on January 1, 2024, no business entity that conducts private investigations for compensation in this state, and employs private investigators in this state, may operate without a license.
(Act 2023-397, §4.)
(a) Application for a license as a private investigation agency shall be made in writing to the board, on forms prescribed by the board, and shall include all of the following information:
(1) The name of the applicant.
(2) The business name and physical and email address of the applicant.
(3) A telephone number and other contact information for the applicant.
(4) If the applicant is not a domestic business entity in the state, the name and contact information for the registered agent of the applicant for service of process.
(5) The name, address, and contact information of a principal contact for the applicant.
(6) The name, address, and contact information for at least one officer or principal of the company who holds a valid private investigator license in this state.
(7) An irrevocable uniform consent to service of process.
(8) A designated physical address where the records of the applicant shall be kept.
(9) Any other information required by the board and reasonably necessary to grant licensure, as established by rule of the board.
(b) Upon receipt of a properly completed application and payment of a license fee as provided in this subsection, the board shall issue the applicant a private investigation agency license.
(1) For a private investigation agency domiciled within this state, the license fee and renewal fee shall be in an amount determined by the board, not exceeding fifty dollars ($50) for a private investigation agency that employs or contracts with not more than two licensed private investigators, and not exceeding two hundred dollars ($200) for a private investigation agency that employs or contracts with three or more licensed private investigators.
(2) For a private investigation agency domiciled outside of this state, the license fee shall be in an amount determined by the board, not exceeding five hundred dollars ($500).
(c) A private investigation agency license shall be valid for two years from the month of issuance and may be renewed upon payment of the license fee provided in subsection (b) and the satisfaction of any other reasonable requirement established by rule by the board.
(Act 2023-397, §4.)
(a) The board shall issue to each private investigation agency licensee a certification, which shall be at least 8″ x 10″ in size and shall contain the following information:
(1) The name of the private investigation agency.
(2) The physical address of the private investigation agency.
(3) The license number.
(4) The expiration date of the license.
(b) The certification card shall be posted in a conspicuous area at the physical address of the private investigation agency.
(c) The private investigation agency shall display the agency license number on all advertisements, brochures, stationery, letterhead, case reports, and business cards, distributed or used by the private investigation agency. Any invoice generated for professional services performed by the private investigation agency or a private investigator licensee, contractor, or employee of the private investigation agency shall include the license number for each licensee whose services are being compensated for by a consumer and the time being charged by the private investigator licensee, contractor, or employee of the private investigation agency.
(Act 2023-397, §4.)
(a) The board shall mail to each private investigation agency licensee a notice of renewal at least 60 days prior to the expiration of the license. An application for renewal shall be available for download by the licensee on the website of the board. A licensee shall report any change of address to the board.
(b) An administrative late fee, not exceeding two hundred dollars ($200) as prescribed by rule of the board, shall be assessed on any renewal application postmarked after the expiration date of the license.
(c) A renewal application may not be accepted by the board more than 30 days after the expiration date of the license. This subsection may be waived by the board for good cause.
(Act 2023-397, §4.)
The board shall adopt rules as necessary to implement this article.
(Act 2023-397, §4)
(a) For the purposes of this chapter, the two levels of psychological practice are as follows:
(1) Psychologist.
(2) Psychological technician.
(b)(1) A person practices as a psychologist within the meaning of this chapter when he or she holds himself or herself out to be a psychologist or renders to individuals or to the public for remuneration any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as interviewing or administering and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics for such purposes as psychological evaluation or for such purposes as overall personality appraisal or classification, or treatment. The practice of psychologists specifically includes the use of projective assessment techniques, the diagnosis of mental disorders, and psychotherapy.
(2) Nothing in this definition shall be construed as permitting the use of those forms of psychotherapy which involve the administration or prescription of drugs or electro-shock or in any way infringing upon the practice of medicine as defined in the laws of this state. A psychologist shall not attempt to diagnose, prescribe for, treat, or advise a client with reference to problems or complaints falling outside the boundaries of psychological practice.
(3) Nothing in this definition shall be construed as preventing qualified school counselors, vocational guidance counselors, vocational rehabilitation counselors, speech and hearing therapists, speech pathologists and audiologists, reading therapists, or teachers of exceptional children from rendering to the public for remuneration services for which they are qualified by training and experience involving the techniques of interviewing, administering, and interpreting tests of mental abilities, achievement, interests, and aptitudes for such purposes as evaluation or for educational or vocational guidance, selection, or placement. Nothing in this definition shall be construed as preventing technical and support staff from providing functions associated with psychological assessments under the supervision of a licensed psychologist.
(c)(1) A person practices as a “psychological technician” within the meaning of this chapter when he or she holds himself or herself out to be a psychological technician. A psychological technician may not use the title psychologist or hold himself or herself out to the public or knowingly allow himself or herself to be held out to the public as a psychologist. A licensed psychological technician shall not practice or present himself or herself outside the area of competence as approved by the board based upon the examination and review of the qualifications, training, and experience of the individual. A psychological technician with adequate training may directly provide any of the following services without supervision:
a. Administering and interpreting tests: A psychological technician may administer and interpret tests of intelligence, achievement, aptitudes, and interests, and testing for educational or vocational selection, guidance, or placement.
b. Interviewing and screening: A psychological technician may conduct initial screening interviews which may lead to referrals for more extensive evaluation or treatment. A psychological technician may also administer adjective checklists, behavior rating scales, and other rating devices which may be completed by a variety of professional and non-professional observers.
c. Psychoeducational interventions: Psychological technicians may provide didactic psychoeducational services to individuals or groups. The purpose of such groups is to disseminate information and educate clients.
(2) A psychological technician who meets the education and training requirements of this chapter shall not provide any of the following services except under the qualified supervision of a licensed psychologist:
a. Personality appraisal. Personality appraisal as performed by the psychological technician is defined as any objective assessment or evaluative technique that leads to conclusions, inferences, and hypotheses regarding personality functioning. Included are all statements relative to personality attributes, features, traits, structure, dynamics, and pathology or assets. These activities shall allow for the process of deciding the nature of the psychological disorder or condition.
b. Clinical intervention. Includes the use of the principles, methods, and procedures of the science and profession of psychology for the treatment of individuals, groups, and families, and behavior management and behavior modification procedures with clinical populations.
c. Consultation services. Services provided to other agencies by psychological technicians acting in the role of consultants are subject to the same rules for supervision as services provided directly by the psychological technician in his or her place of employment.
d. Assistance with forensic assessments and neuropsychological evaluations. A psychological technician may assist a trained neuropsychologist in the administration of neuropsychological procedures or a qualified psychologist in forensic assessment. Independent forensic assessments and neuropsychological evaluations are outside of the scope of practice for psychological technicians.
(Acts 1963, No. 535, p. 1147, §2; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3.)
For the purpose of this chapter, the confidential relations and communications between licensed psychologists, licensed psychiatrists, or licensed psychological technicians and their clients are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
(Acts 1963, No. 535, p. 1147, §14; Acts 1979, No. 79-603, p. 1068, §1; Acts 1997, No. 97-387, p. 619, §3.)
The Board of Examiners shall adopt the Code of Ethics of the American Psychological Association to govern appropriate practices or behavior as referred to in Section 34-26-46 and Section 34-26-47 and shall file such code with the Secretary of State within 30 days prior to the effective date of such code.
(Acts 1963, No. 535, p. 1147, §15.)
(a) As used in this section, the following words have the following meanings:
(1) COMMITTEE. The Alabama Psychology Professionals Wellness Committee created under this section.
(2) IMPAIRED or IMPAIRMENT. The inability of a licensed psychologist or licensed psychological technician to practice with reasonable skill and safety by reason of illness, inebriation, substance dependence, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependence forming substances, or as a result of any physical or mental condition rendering the licensee unable to meet the standards of his or her profession.
(3) LICENSEE. A professional psychologist or psychological technician licensed under this chapter.
(b) The Alabama Board of Examiners in Psychology shall develop a program to promote the early identification, treatment, and rehabilitation of any licensee who may be impaired in accordance with this section.
(c) There is established the Alabama Psychology Professionals Wellness Committee, consisting of licensed psychologists or licensed psychological technicians appointed by the board as well as one member who is a representative of the contractor described in subsection (d). The board shall determine the number, qualifications, terms, and manner in which members of the committee shall be appointed. The committee shall be comprised of not less than three nor more than 11 members, all members shall be residents of this state, and the membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(d) In order to assist the committee, the board shall contract with a nonprofit organization, health professional, or professional association to undertake those functions and responsibilities specified in the agreement, which may include any of the following:
(1) Receiving and evaluating reports of suspected impairment from any source.
(2) Intervening in cases of verified impairment.
(3) Contracting with providers of treatment programs.
(4) Referring impaired licensees to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired licensees.
(6) Providing post-treatment monitoring and support of rehabilitated impaired licensees.
(7) Performing other related activities prescribed by board rule.
(e) The board, by rule, shall develop procedures for the committee to undertake the following:
(1) Periodic reporting of statistical information regarding impaired licensee program activity as the board deems appropriate, which may include, but not be limited to, the number of reports made, investigations and other actions taken, and the disposition of each report.
(2) Annual reporting to the board concerning the operations and proceedings of the committee for the preceding year.
(f) The committee shall report to the board the following:
(1) Any licensee who in the opinion of the committee is unable to practice as a psychologist or as a psychological technician with reasonable skill and safety by reason of impairment.
(2) Any licensee who in the opinion of the committee is in need of intervention, treatment, or rehabilitation and who has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee.
(g)(1) If the board has reasonable cause to believe that a licensee is impaired, the board may require that an evaluation of the licensee be conducted by the committee for the purpose of determining whether an impairment exists. The committee shall report the findings of its evaluation to the board.
(2) The authority of the committee shall not supersede the authority of the board to take disciplinary action against a licensee. Nothing in this section shall limit the authority of the board to discipline an impaired licensee. If a licensee is impaired and currently in need of intervention, treatment, or rehabilitation, and the licensee is currently participating in a program or rehabilitation recommended by the committee, then the board may refrain from taking or continuing disciplinary action against the licensee. If the board, upon reasonable cause to believe a licensee is impaired, has referred the licensee to the committee for evaluation, then the board may refrain from taking or continuing disciplinary action against the licensee.
(3) A report of the committee shall be deemed to be a report to the board for the purposes of any mandated reporting of professional psychology impairment otherwise required by law.
(h)(1) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceedings of the committee are confidential. All records and proceedings of the committee pertaining to an impaired licensee are confidential and may only be used by the committee and the members of the committee in the exercise of the proper function of the committee, and are not public records nor available for court subpoena or for discovery proceedings. The committee may not disclose any personally identifiable information except as otherwise allowed under this chapter.
(2) In the event of a breach of contract between the committee and an impaired licensee, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board, upon its request, for disciplinary purposes only.
(3) This subsection does not apply to records made in the regular course of business of a licensee, and information, documents, or records otherwise available from original sources may not be construed as immune from discovery or used in any civil proceeding merely because they were presented or considered during the proceedings of the committee.
(i) The board may collect funds or expend available funds to adequately provide for the operational expenses of the committee, including, but not limited to, the actual cost of travel, office overhead, personnel expenses, and compensation for the members of the committee and committee staff. The operational expenses of the committee may not include the cost of treatment or rehabilitation programs recommended by the committee to individual licensees. The funds provided by the board under this section shall not be subject to any competitive bidding law.
(Act 2021-283, §1.)
[Repealed]
Repealed by Act 2016-416, §2, effective August 1, 2016.
(Acts 1963, No. 535, p. 1147, §1.)
(a)(1) There is created the Alabama Board of Examiners in Psychology to consist of eight persons who are residents of this state, who shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state, and who shall be appointed by the Governor as follows:
a. One member shall be a member of the faculty of an accredited college or university in the state with the rank of assistant professor or above who is primarily engaged in teaching, research, or administration of psychology and is a psychologist licensed under this chapter.
b. Five members shall be psychologists licensed under this chapter.
c. One member shall be a psychological technician licensed under this chapter.
d. One member shall be a member of the general public.
(2) The board shall perform those duties and exercise those powers prescribed in this chapter. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his or her duty pursuant to this chapter. Vacancies shall be filled for any unexpired term, and members shall serve until their successors are appointed and have qualified.
In nominating candidates to fill vacancies on the board, nominating authorities shall coordinate their appointments to assure board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation.
(3) Board members shall not serve more than two consecutive terms of office. Not later than October 1 of each year the executive council of the Alabama Psychological Association, or of its successor organization, shall submit to the Governor the names of two qualified candidates for the position of the board to be vacated by reason of expiration of term of office. From the two candidates the Governor shall appoint one member not later than January 1 to serve on the board for a term of five years. With the exception of the member appointed from the general public, other vacancies occurring in the board shall be filled for the unexpired term by appointment of the Governor from two qualified candidates for each vacancy submitted within 30 days after the vacancy occurs by the executive council of the association, or by its successor organization. Those appointments shall be made by the Governor within 30 days after the candidates’ names have been submitted. If the association, or its successor organization, fails to furnish the Governor with the list of persons eligible for appointment to the board, the Governor shall appoint any qualified members of the profession of psychology to the vacant position on the board.
(b) The Governor shall appoint, for a five-year term of office, a member of the general public who is a resident of Alabama not licensed by the board, and whose spouse, if married, is not licensed by the board. Vacancies for unexpired terms of the general public member shall be filled by the Governor. Successor public members shall be appointed by the Governor.
(c) To fill the psychological technician position on the board, the Executive Council of the Alabama Psychological Association, or its successor organization, shall select two names to be submitted to the Governor by October 1 prior to the expiration of the term. On or before the immediately following January 1, the Governor shall appoint one of the two names submitted to serve in the psychological technician position on the board for a term of five years.
(d) Any board members may be removed by the Governor after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude.
(e) Immediately before entering public duties of the office, the members of the board shall take the constitutional oath of office and shall file the oath in the Office of the Governor, who upon receiving the oath shall issue to each member a certificate of appointment. The board shall have available for the Governor or his or her representative detailed reports on proceedings and shall make annual reports in the form required by the Governor.
(f) The board shall elect annually a chair and vice-chair. Each member shall receive the same per diem and travel allowance paid to state employees for each day’s attendance at an official meeting of the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any two members of the board. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board shall from time to time adopt rules and regulations necessary for the performance of its duties. Four members of the board shall constitute a quorum. The board may hire any assistants necessary to carry on its activities within the limit of funds available to the board. The board may accept grants from foundations, individuals, and institutions to carry on its functions.
(Acts 1963, No. 535, p. 1147, §4; Acts 1988, No. 88-216, p. 332, §3; Acts 1992, No. 92-125, p. 230, §3; Acts 1996, No. 96-394, p. 482, §1; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3; Act 2004-90, p. 119, §3; Act 2013-386, p. 1484, §1; Act 2016-65, §3; Act 2016-416, §1.)
(a) The Board of Examiners in Psychology shall have authority to administer oaths, to summon witnesses and to take testimony in all matters relating to its duties. The board shall be the sole agency in this state empowered to certify concerning competence in the practice of psychology and the sole board empowered to recommend licensure for the practice of psychology. The board shall have the power to recognize areas of specialization for practice and supervision, and to ensure through rules and regulations and enforcement that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience. No individual shall be issued a license for the practice of psychology who has not been previously certified at the appropriate level of practice by the board. The board shall certify as competent to practice psychology or as competent to practice as a psychological technician all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. The certification shall be signed by the chair of the board under the adopted seal of the board. The chair shall, under the direction of the board, aid the district attorneys in the enforcement of this chapter and the prosecutions of all persons charged with the violation of its provisions. Psychologists and psychological technicians licensed by the board shall be required to submit annually to the board a completed registration fee, not exceeding five hundred dollars ($500), as determined by the board. The list of licensed psychologists and licensed psychological technicians shall be made available to interested individuals or organizations at a nominal charge.
(b) A psychology license issued by the board shall expire on October 15, and shall be renewed annually upon the satisfaction of continuing education requirements and payment of the renewal fee. Failure to comply with all requirements for renewal within the time period prescribed by the board shall result in a lapsed license. Failure to satisfy all requirements for reactivation of an inactive license shall result in a lapsed license. A psychologist may have his or her lapsed license reinstated upon the payment of all accrued annual fees and late penalties and satisfaction of all requirements established by rule of the board. If a psychologist is alleged to have violated any of the prohibitions on professional conduct provided in this chapter, the board, upon a hearing and proof of the violation, may deny reinstatement of the license or prohibit the psychologist from applying for reinstatement.
(c) The board shall implement requirements through its rules and regulations that licensees shall engage in annual continuing education activities other than individual study to renew the license to practice. Continuing education activities shall be relevant to the practice of psychology or applicable within the practice of psychology. The board may charge a reasonable fee to register and keep records of licensees’ continuing education credits.
(d) The board may promulgate and adopt rules and regulations as are necessary to implement the requirements of this chapter. The rules and regulations shall be adopted pursuant to the state administrative procedure statutes.
(Acts 1963, No. 535, p. 1147, §13; Acts 1979, No. 79-106, p. 127, §1(a); Acts 1987, No. 87-569, p. 893, §1; Acts 1988, No. 88-216, p. 332, §3; Acts 1997, No. 97-387, p. 619, §3; Act 2013-386, p. 1484, §1.)
The Board of Examiners in Psychology shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2016, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2013-386, p. 1484, §3.)
(a) It is specifically prohibited that any individual or organization shall present himself, herself, or it, or be presented to the public by any title incorporating the name “psychological,” “psychologist,” or “psychology” other than so licensed by this chapter. Any psychological scientist, including a school psychologist who holds a certificate issued by the State Superintendent of Education, employed by a recognized research laboratory, school, college, university, or governmental agency or department may represent himself or herself by the academic or research title conferred upon him or her by the administration of the laboratory, school, college or university, or any governmental agency or department. Nothing in this section shall be construed as permitting such persons to offer their services to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salaries, unless they have been licensed under this chapter. Visiting lecturers from recognized laboratories, schools, colleges, universities, or any governmental agencies or departments are exempt from the provisions of this section and may utilize their academic or research titles when presenting lectures or performing any consultation as might be required in their academic or research functions. Students of psychology, psychological interns, and other persons preparing for the profession of psychology under qualified supervision in recognized training institutions or facilities may be designated by such titles as “psychological intern,” “psychological trainee,” or others clearly indicating such training status. No individual may employ or use the title “licensed psychologist” or imply in any way that he or she is licensed by the board unless he or she is actually so licensed and registered under this chapter.
(b) No person working for any recognized state department or agency, research laboratory, school, college, or university shall be required to have any license issued pursuant to this chapter to perform their job duties and responsibilities related to their position or employment status with these entities.
(Acts 1963, No. 535, p. 1147, §3; Acts 1996, No. 96-394, p. 482, §1; Acts 1997, No. 97-387, p. 619, §3.)
(a)(1) Any person wishing to obtain the right to practice as a psychologist or psychological technician in this state, who has not heretofore been licensed to do so, shall, before it shall be lawful for him or her to practice as a psychologist or psychological technician in this state, make application to the Board of Examiners in Psychology through the chair upon such form and in such manner as prescribed by the board.
(2) Unless a person has first obtained a valid license as aforesaid, it shall be unlawful and a violation of this chapter for him or her to practice.
(b) A candidate for licensure as a psychologist shall furnish the board with satisfactory evidence of all of the following:
(1) He or she is of good moral character.
(2) He or she is at least 19 years of age.
(3) He or she has received a doctorate degree from a department of, or school of, psychology, from an educational institution accredited and recognized by national and regional accrediting agencies as maintaining satisfactory standards.
(4) He or she is competent in psychology as shown by passing such examinations, written or oral, or both, as the board will prescribe, unless exempted pursuant to subsection (e).
(5) He or she is not engaged in unethical practice as defined in the Code of Ethics of the American Psychological Association.
(6) He or she has not within the preceding six months failed an examination given by the board.
(c) The board may issue a license to any person who is a licensed psychologist of another state, and who applies to the board, provided the licensee of another state shall furnish the board with satisfactory evidence of all of the following:
(1) He or she is of good moral character, and holds his or her license in good standing from another state.
(2) He or she is at least 19 years of age.
(3) He or she has received a doctorate degree in psychology from an educational institution accredited and recognized by national and regional accrediting agencies as maintaining satisfactory standards or, in lieu of a doctorate degree in psychology, a doctorate degree in a closely allied field, if the training received therefor is substantially similar to that required of doctorates obtained from departments of psychology.
(4) He or she is competent in psychology as shown by the passing of an examination, unless exempted pursuant to subsection (e), substantially equivalent to the examinations prescribed in subsection (a), or by the passing of a recognized national examination in psychology.
(5) He or she is not engaged in unethical practice as defined in the Code of Ethics of the American Psychological Association.
(6) He or she has practiced psychology in another state at least four consecutive years prior to application.
(7) That the other state under which he or she is licensed gives similar recognition and reciprocal licensing to licensed psychologists of this state.
(d)(1) The board shall accept the Certificate of Professional Qualification (CPQ) in psychology issued by the Association of State and Provincial Psychology Boards (ASPPB), or its successor organization, or board certification by the American Board of Professional Psychology (ABPP) as evidence that the applicant, who has not within the preceding six months failed an examination given by the board, has met the requirements for licensure.
(2) The applicant shall submit all of the following to the board:
a. An application for licensure and the corresponding licensure fee.
b. Verification forms from the jurisdictions of licensure, verifying that licensure is current and in good standing.
c. A verification form from the ASPPB or from the ABPP.
(3) All applicants under this subsection shall successfully pass any local jurisdictional examinations. The board may deny licensure to any applicant who has had disciplinary action taken against him or her by any licensing authority or professional organization or who has a record that discloses any other matter that puts in question his or her competency to practice.
(e) The board shall issue a license to any applicant with a doctoral degree in psychology who is otherwise qualified pursuant to subsections (a) and (b), who is licensed in at least two states and who has passed a recognized national exam.
(f) An individual who possesses a valid license to practice psychology independently at the doctoral level, by any jurisdiction recognized by the Association of State and Provincial Psychology Boards, may practice psychology in Alabama for no more than 30 days each calendar year without applying for a license to practice psychology in Alabama, unless otherwise exempted pursuant to this chapter. This authority to practice does not apply to a psychologist who has been denied licensure in Alabama, is a legal resident of Alabama, or intends to practice full-time or a major portion of his or her time in Alabama.
(g) An individual licensed to practice psychology in another jurisdiction, who is providing services in response to a declared disaster or state of emergency, may practice psychology in this jurisdiction for no more than 60 days per year, without applying for a license, upon proper notification as required by board rule.
(h) A candidate for licensure as a psychological technician shall furnish the board with satisfactory evidence of all of the following:
(1) He or she is of good moral character.
(2) He or she is at least 19 years of age.
(3) He or she has a master’s degree in psychology from a regionally accredited institution of higher education, or has completed the equivalent of a master’s degree from an American Psychological Association accredited doctoral program in psychology, as determined by the board. Educational requirements are provided in Section 34-26-65.
(4) Is competent as a psychological technician, as shown by passing examinations, written or oral, or both, as prescribed by the board.
(5) Is not engaged in unethical practice as defined in the most recent version of the Code of Ethics of the American Psychological Association.
(6) Has not within the preceding six months failed an examination given by the board.
(i) A psychologist or psychological technician licensee may request that the board designate his or her license as inactive at any time before the date of renewal. There shall be paid to the board by each licensee requesting inactive status a fee, not exceeding five hundred dollars ($500), as set by rule of the board. There shall be paid to the board by each licensee requesting annual continuation of inactive status a fee, not exceeding five hundred dollars ($500), as set by rule of the board. No part of any fee paid to the board shall be returnable under any circumstances. Granting inactive status to a licensee revokes all privileges associated with licensure under this chapter until reactivation is requested by the licensee. Procedures for reactivating an inactive license shall be established by rule of the board.
(Acts 1963, No. 535, p. 1147, §5; Acts 1982, No. 82-152, p. 181, §4; Acts 1988, No. 88-216, p. 332, §3; Acts 1996, No. 96-394, p. 482, §1; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3; Act 2008-140, p. 212, §3; Act 2013-386, p. 1484, §1; Act 2016-416, §1.)
(a) If any person holds himself or herself out to the public as being engaged in practice as a psychologist or psychological technician, such as clinical, counseling, school, or combined professional-scientific psychology, and does not then possess in full force and virtue a valid license to practice as a psychologist or psychological technician under this chapter, he or she shall be deemed guilty of a Class B misdemeanor and, upon conviction, shall be fined not less than five hundred dollars ($500) per occurrence nor more than five thousand dollars ($5,000) per occurrence plus court costs. Nothing in this chapter shall be construed to limit the professional pursuits of teachers in recognized public and private schools, clergymen, practitioners of medicine, social workers, licensed professional counselors, school psychometrists, school psychologists, school counselors, and guidance counselors from full performance of their professional duties. However, in such performance any title shall be in accord with this chapter. Students of psychology, psychological interns, or other persons preparing for the profession of psychology may perform as a part of their training the functions specified in this chapter, but only under qualified supervision. Use of psychological techniques by business and industrial organizations for employment placement, evaluation, promotion, or job adjustment of their own officers or employees or by employment agencies for the evaluation of their own clients prior to recommendations for employment is also specifically allowed. However, no industrial or business firm or corporation may sell or offer to the public or to other firms or corporations for remuneration any psychological services as specified in this chapter unless the services are performed or supervised by individuals duly and appropriately licensed under this chapter.
(b) When the board has evidence that any person has engaged in any act or practice constituting a violation of this chapter, or any rule or order promulgated pursuant to this chapter, the board may bring an action in the Circuit Court of Montgomery County to enjoin the act or practice and to enforce compliance with this chapter or any rule or order promulgated pursuant to this chapter, regardless of whether criminal proceedings have been or may be initiated. Upon a proper showing, the court may order a permanent or temporary injunction, restraining order, or a writ of mandamus.
(Acts 1963, No. 535, p. 1147, §5; Acts 1982, No. 82-152, p. 181, §4; Acts 1988, No. 88-216, p. 332, §3; Acts 1996, No. 96-394, p. 482, §1; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3; Act 2008-140, p. 212, §3; Act 2013-386, p. 1484, §1.)
There shall be paid to the board by each applicant for a permanent license to practice as a psychologist or a psychological technician a fee not to exceed five hundred dollars ($500), as set by board rule. No part of any fee shall be returnable under any circumstance. All fees collected in this manner plus renewal fees as outlined in Section 34-26-22 and all gifts or grants shall be deposited in the State Treasury to the credit of the board. Vouchers in payment of expenses shall be drawn on the state Comptroller signed by the chair or executive officer of the board.
(Acts 1963, No. 535, p. 1147, §12; Acts 1979, No. 79-106, p. 127, §1(b); Acts 1987, No. 87-569, p. 893, §2; Acts 1988, No. 88-216, p. 332, §3; Acts 1997, No. 97-387, p. 619, §3; Act 2013-386, p. 1484, §1.)
(a) The Board of Examiners in Psychology shall charge each candidate for licensure as a psychologist or psychological technician a fee sufficient to cover the entire actual costs of the examination of the applicant as well as the cost of criminal history and civil background checks of the applicant.
(b) Applicants for licensure as a psychologist or psychological technician shall submit to a criminal history background check.
(c) The applicant shall provide fingerprints and shall execute a criminal history information release using forms provided to the applicant by the board.
(d) The applicant is responsible for having his or her fingerprints made.
(e) The applicant shall provide to the board office his or her completed fingerprint cards, along with a cashier’s check or money order made payable to the Alabama State Law Enforcement Agency (ALEA) in the amount sufficient to cover the actual cost of the background check. The board shall submit the fingerprint cards to ALEA.
(f) ALEA shall be responsible for forwarding applicants’ fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(g) Information received by the board pursuant to a criminal history background check shall be confidential and shall not be a public record, except that such information received by and relied upon by the board in denying the issuance of a certificate of qualification may be disclosed as may be necessary to support the denial.
(Acts 1979, No. 79-106, p. 127, §2; Acts 1987, No. 87-569, p. 893, §3; Acts 1993, No. 93-151, p. 215, §3; Acts 1997, No. 97-387, p. 619, §3; Act 2013-386, p. 1484, §1; Act 2016-416, §1.)
Examination of applicants for a license to practice as a psychologist or psychological technician shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the qualifications of the applicant. The board shall require the examinations to be written or oral, or both. The board, by rule, shall provide circumstances under which a candidate shall be held to have passed the examination.
(Acts 1963, No. 535, p. 1147, §7; Acts 1997, No. 97-387, p. 619, §3; Act 2013-386, p. 1484, §1.)
[Repealed]
Repealed by Act 2013-386 effective February 1, 2014.
(Acts 1963, No. 535, p. 1147, §8.)
(a) The board shall suspend, place on probation, or require remediation, or any combination thereof, for any psychologist or psychological technician for a specified time, to be determined at the discretion of the board, or revoke any license to practice as a psychologist or psychological technician or take any other action specified in the rules and regulations whenever the board finds by a preponderance of the evidence that the psychologist or psychological technician has engaged in any of the following acts or offenses:
(1) Fraud or deception in applying for or procuring a license to practice as a psychologist or psychological technician; or in passing the examination provided for in this chapter.
(2) Practice as a psychologist or psychological technician under a false or assumed name or the impersonation of another practitioner of a like or different name.
(3) Immoral, unprofessional, or dishonorable conduct as defined in the rules and regulations promulgated by the board.
(4) Practicing as a psychologist or psychological technician in such a manner as to endanger the welfare of clients or patients.
(5) Conviction of felony (a copy of the record of conviction, certified to by the clerk of the court entering the conviction shall be conclusive evidence).
(6) Conviction of any crime or offense that reflects the inability of the practitioner to practice as a psychologist or psychological technician with due regard for the health and safety of clients or patients.
(7) Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient.
(8) Engaging in sexual intercourse or other sexual contact with a client or patient.
(9) Use of repeated untruthful or deceptive or improbable statements concerning the licensee’s qualifications or the effects or results of proposed treatment, including functioning outside of one’s professional competence or area of specialization established by education, training, and experience as recognized by the board.
(10) Gross malpractice or repeated malpractice or gross negligence in practice as a psychologist or psychological technician.
(11) Aiding or abetting practice as a psychologist or psychological technician by any person not licensed by the board.
(12) Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any third party payor (a copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence).
(13) Exercising undue influence in such a manner as to exploit the client, patient, student, or supervisee for financial or other personal advantage to the practitioner or a third party.
(14) The suspension or revocation by another state of a license to practice as a psychologist or psychological technician for cause other than failure to renew the license (a certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof).
(15) Refusal to appear before the board after having been ordered to do so in writing by the executive office or chair of the board.
(16) Making any fraudulent or untrue statement to the board.
(17) Failing to cooperate with or to respond promptly, completely, and honestly to the board.
(18) Violation of the code of ethics adopted in the rules and regulations of the board.
(19) Upon the recommendation of the Ethics Committee of the Alabama Psychological Association, or of its successor organization, or the Ethics Committee of the American Psychological Association.
(20) Inability to practice as a psychologist or psychological technician with reasonable skill and safety to patients or clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
(21) Engaging in practice as a psychologist or psychological technician before a license is issued.
(22) Practice of a level of psychology inappropriate or beyond the scope of the particular license held by the licensee.
(23) Failure to comply with any of the respective responsibilities of a supervisor or supervisee as provided in this chapter.
(b) When the issue is whether or not a psychologist or psychological technician is physically or mentally capable of practicing as a psychologist or psychological technician with reasonable skill and safety to patients or clients, then, upon a showing of probable cause to the board that the psychologist or psychological technician is not capable of practicing psychology with reasonable skill and safety to patients, the board may petition a court of competent jurisdiction to order the psychologist or psychological technician in question to submit to a psychological examination by a psychologist to determine psychological status and/or a physical examination by a physician to determine physical condition. The psychologist and/or physician is to be designated by the court. The expense of the examination shall be borne by the board. Where the psychologist or psychological technician raises the issue of mental or physical competence or appeals a decision regarding his or her mental or physical competence, the psychologist or psychological technician shall be permitted to obtain his or her own evaluation at his or her own expense. If the objectivity or adequacy of the examination is suspect, the board may complete an examination by its designated practitioners at its own expense. When mental or physical capacity to practice is at issue, every psychologist or psychological technician licensed to practice in the state shall be deemed to have given consent to submit to a mental or physical examination or to any combination of such examinations and to waive all objections to the admissibility of the examination, or to previously adjudicated evidence of mental incompetence.
(c) In addition to any penalties referenced in subsection (d), the board may assess the cost of any investigation, legal service, legal proceeding, or disciplinary action against any applicant or licensee found to be in violation of this chapter.
(d) In determining the amount of any penalty, which may not exceed one thousand dollars ($1,000) per violation or a total of five thousand dollars ($5,000), the board shall consider the seriousness of the violation, including any threat to the health, safety, or welfare of the public, the unlawful gain or economic benefit gained from the violation, the history of previous violations by the person, and the efforts of the person to mitigate and comply with this chapter.
(e) Judicial review of an order entered by the board under this section shall be conducted in accordance with those provisions providing for the judicial review of contested cases of the Alabama Administrative Procedure Act.
(f) The board shall exercise its jurisdiction for disciplinary oversight of licensees for any psychological services, regardless of how or where those services are rendered, even if those services are rendered in another state, federal facility, or foreign country during the licensure period. The board may not accept the voluntary surrender of a license on the part of a licensee in an effort to avoid possible disciplinary actions by the board. Inactive status does not negate the jurisdiction of the board over the actions of a license during any period of active licensure. If a former licensee or a licensee on inactive status is found to be in violation of a state law or administrative rule, a public announcement of the decision of the board shall be proffered in a manner to be determined by rule of the board.
(g) The Board of Examiners in Psychology may refuse to grant a license, or may recommend suspension of any license for a definite period not to exceed three years. The board may, upon satisfactory proof that any applicant or licentiate has been guilty of any of the above offenses, refuse to grant a license to the applicant or may recommend revocation of a license of the licentiate upon a vote of at least four members of the board. After three years from the date of a revocation, an application for reinstatement may be made to the board, and it may, upon favorable action by four of its members, recommend reinstatement.
(Acts 1963, No. 535, p. 1147, §9; Acts 1988, No. 88-216, p. 332, §3; Acts 1997, No. 97-387, p. 619, §3; Act 98-146, p. 230, §3; Act 2013-386, p. 1484, §1.)
(a) The board may not recommend suspension or revocation of licensure or refuse to issue or to renew any license for any cause listed in Section 34-26-46 unless the person accused has been given at least 30 days’ notice in writing of the charge against him or her and a public hearing by the board. The written notice shall be mailed to the person’s last known address, but the nonappearance of the person shall not prevent such a hearing. Upon such a hearing the board may administer oath and procure by its subpoenas the attendance of witness and the production of relevant books and papers.
(b) At least one member of the board shall be present at all times during a hearing, deliberation, and action thereon. A board member who has assisted with an investigation of a complaint may not vote on the disciplinary action to be taken relating to the complaint. A hearing officer appointed by the Attorney General shall act as the hearing officer for the purpose of ruling on motions, evidence, and other like matters.
(Acts 1963, No. 535, p. 1147, §5; Act 2013-386, p. 1484, §1.)
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.
(Acts 1963, No. 535, p. 1147, §11.)
(a) The scope of mandated supervision shall depend upon the specific areas of practice, experience, and training of the supervisee. Mandated supervision shall assure that an appropriate professional standard is being applied to the solution of the problem of a client, and that the laws that govern the practice of psychology and the ethics that guide the practice are understood and followed. The scope of mandated supervision may include enhancement and refinement of previously learned skills, but shall not include introductory training of a supervisee in additional skills, methods, or interventions. Supervision shall include consideration of all of the following areas:
(1) Ethical, legal, and professional standards.
(2) Technical skills and competency.
(3) The utilization of supervision by a supervisee.
(4) The ability of a supervisee to function independently or with reduced supervision.
(b) Specific supervision shall not be required for each person evaluated or treated, or for every treatment, evaluative technique, or professional activity undertaken. Supervisors shall be required to co-sign reports and other appropriate documents.
(c) A licensed psychologist shall be recognized by the board as an appropriate supervisor for a psychological technician supervisee. The board may disapprove of an otherwise qualified psychologist acting as a supervisor for any of the following reasons:
(1) Evidence that he or she is not competent or qualified to supervise a supervisee.
(2) Evidence that he or she has failed to adhere to ethical or legal standards of the profession.
(3) Evidence that there is a lack of congruence between the training, experience, and area of practice of the proposed supervisor and the proposed area of practice of the supervisee.
(4) Evidence that he or she has a license against which disciplinary or remedial action has been taken.
(Act 98-146, p. 230, §4.)
(a) A licensed psychologist acting as a supervisor shall perform all of the following duties:
(1) Offer and provide supervision only within the area of his or her competence and assure that his or her professional expertise and experience is congruent with the practice of the supervisee.
(2) Prior to beginning supervision, enter into a written agreement with the supervisee on a board adopted supervision contract form which details the obligations of the supervisee as well as the responsibilities of the supervisor to the supervisee. This form shall be filed with and accepted by the board.
(3) Direct the supervisee to practice only within the areas for which he or she is qualified by education, training, and supervised experience.
(4) Establish and maintain a level of supervisory contact consistent with established professional standards and remain accessible to the supervisee.
(5) Direct the supervisee to keep him or her informed of services provided by the supervisee.
(6) If he or she has reason to believe that the supervisee is practicing in a manner which indicates that ethical or legal violations have been committed, he or she shall proceed as prescribed by the most recent version of the Code of Ethics of the American Psychological Association.
(7) Maintain a clear and accurate record of supervision with a supervisee that protects the confidentiality of the clients of the supervisee.
(8) Report annually on the required form to the board that the agreed upon supervision has occurred.
(9) File a final supervision report with the board within two weeks of the termination of supervision.
(10) Insure the written notification to clients or patients of the supervisory process, including the disclosure of clinical information to the supervisor and the means by which the supervisor may be contacted.
(b) Failure to comply with any of the duties specified in subsection (a) shall constitute a violation of this chapter.
(c) To maintain the professional nature of the supervision, a familial or strong personal relationship between the supervisor and his or her supervisee is prohibited, except in extraordinary circumstances such as the lack of availability of any other qualified supervisor. In such cases, the board shall require documentation that no other supervision is available and shall require reference letters from colleagues commenting on the appropriateness of the supervisory relationship.
(Act 98-146, p. 230, §4.)
(a) A psychological technician supervisee shall perform all of the following duties:
(1) Enter into a written agreement with the supervisor, using a board adopted supervision contract form, which details the obligations of the supervisee as well as the responsibilities of the supervisor to the supervisee. This form shall be filed with and accepted by the board prior to practice.
(2) Attend scheduled supervision sessions.
(3) Provide the supervisor with a disclosure of psychological services being offered or rendered by him or her.
(4) Cooperate with the supervisor to assure that all conditions of the supervision are fulfilled.
(5) Provide the supervisor with information necessary for the supervisor to advise him or her on cases presenting professional, ethical, or legal concerns.
(6) File a revised supervision contract form within 45 days of a change in the conditions specified in the supervision contract form on file with the board.
(7) Obtain a written, signed consent from each patient or client that informs them of the supervisory process.
(b) Failure to comply with any of the duties specified in subsection (a) shall constitute a Class B misdemeanor.
(Act 98-146, p. 230, §4; Act 2016-416, §1.)
(a) A psychological technician who practices in a jurisdiction outside of the state shall not be required to receive supervision for services rendered in that jurisdiction so long as the services are rendered in a manner consistent with the legal requirements of the jurisdiction.
(b) The initial supervision contract form shall be filed with and accepted by the board prior to any practice.
(c) An amended written supervision contract form shall be filed with the board within 45 days of any change in the conditions specified in the supervision contract form on file with the board. Additionally, within 14 days after receiving written notification from the board that the filing of a new supervision contract form is necessary to provide for the protection of the public or the regulation of the practice of psychology, an amended written supervision contract form shall be filed with the board. A supervision contract form shall document either that supervision is required and is received, or that supervision is not required. A separate supervision contract form shall be filed for each separate work setting. If receiving supervision from more than one supervisor to meet minimum requirements, a separate supervision contract form shall be filed for each individual supervisor.
(d) A supervisor shall report to the board that agreed upon supervision has been provided and shall file a final report with the board upon the termination of supervision. If a psychological technician is not receiving supervision, it is his or her responsibility to report that fact to the board within 14 days. A report shall be submitted to the board within 14 days after receiving written notification from the board that a report is due, within 14 days after the termination of supervision, and within 45 days after a change in the conditions specified in the supervision contract form on file with the board.
(e) Additional supervision and reporting to the board may be required if previous evaluations or other information suggest possible problems with the competence or ethical standards of the supervisee. Additional documentation or an interview with the board or a designated representative of the board may be required if questions arise regarding the practice of the supervisee.
(f) Supervision shall be provided in face-to-face and primarily one-on-one sessions by the supervisor of record. The rate of supervision specified in this section shall be provided for each separate work setting in which the psychological technician supervisee engages in an activity requiring supervision.
(Act 98-146, p. 230, §4.)
Minimum supervision requirements are as follows:
(1) LEVEL I. For a psychological technician with less than two calendar years of supervised practice as a licensed psychological technician, consisting of at least 3,000 hours of supervised practice, minimum supervision shall be provided as follows:
a. If the number of hours per month spent engaging in activities requiring supervision is one to 20, inclusive, the number of required hours of supervision per month shall be two.
b. If the number of hours per month spent engaging in activities requiring supervision is 21 to 30, inclusive, the number of required hours of supervision per month shall be three.
c. If the number of hours per month spent engaging in activities requiring supervision is 31 to 40, inclusive, the number of required hours of supervision per month shall be four.
d. If the number of hours per month spent engaging in activities requiring supervision is 41 to 60, inclusive, the number of required hours of supervision per month shall be five.
e. If the number of hours per month spent engaging in activities requiring supervision is 61 or greater, the number of required hours of supervision per month shall be six.
(2)a. LEVEL II. For a psychological technician with a minimum of two calendar years of supervised practice as a licensed psychological technician, consisting of at least 3,000 hours of supervised practice, minimum supervision shall be provided as follows:
If the number of hours per month spent engaging in activities requiring supervision is one to 20, inclusive, the number of required hours of supervision per month shall be one.
If the number of hours per month spent engaging in activities requiring supervision is 21 to 60, inclusive, the number of required hours of supervision per month shall be two.
If the number of hours per month spent engaging in activities requiring supervision is 61 to 100, inclusive, the number of required hours of supervision per month shall be three.
If the number of hours per month spent engaging in activities requiring supervision is 101 or greater, the number of required hours of supervision per month shall be four.
b. To be approved by the board for Level II supervision, a psychological technician shall do all of the following:
Make application to the board on an application form provided by the board.
Have received at least one calendar year of supervision from his or her most recent supervisor.
Provide a written recommendation from his or her most recent supervisor for this level of supervision and letters from all available previous supervisors.
(3)a. LEVEL III. For a psychological technician with a minimum of seven calendar years of supervised practice as a licensed psychological technician, consisting of at least 10,500 hours of supervised practice, minimum supervision shall be provided as follows:
If the number of hours per month spent engaging in activities requiring supervision is one to 50, inclusive, the number of required hours of supervision per month shall be one.
If the number of hours per month spent engaging in activities requiring supervision is 51 or greater, the number of required hours of supervision per month shall be two.
b. To be approved by the board for Level III supervision, a psychological technician shall do all of the following:
Make application to the board on an application form provided by the board.
Have received at least one calendar year of supervision from his or her most recent supervisor.
Provide a written recommendation from his or her most recent supervisor for this level of supervision and letters from all available previous supervisors.
(4)a. Prior to September 1, 2000, a licensed psychological technician with a minimum of two calendar years of supervised practice, consisting of at least 3,000 hours of supervised practice by a licensed psychologist, may apply for Level II supervision status.
b. To be approved by the board for this Level II supervision status, a psychological technician shall do all of the following:
Make application to the board on an application form provided by the board.
Have received at least one calendar year of supervision from his or her most recent supervisor.
Provide a written recommendation from his or her most recent supervisor for this level of supervision and letters from all available previous supervisors.
(5) Contract and report forms shall be provided by the board.
(Act 98-146, p. 230, §4.)
The degree program of the applicant shall meet all of the following requirements:
(1) The program shall be publicly identified and clearly labeled as a psychology program.
(2) The program shall maintain clear authority and primary responsibility for the core and concentration areas whether or not the program crosses administrative lines.
(3) The program shall have an identifiable body of students in residence at the institution who are matriculated in the program for degree purposes.
(4) The program shall have an identifiable full-time psychology faculty in residence at the institution, sufficient in size and breadth to carry out the responsibilities of the program, and employed by and providing instruction at the main campus of the institution.
(5) There shall be a psychologist responsible for the program as the administrative head of the program, the advisor, a major professor, or the committee chair.
(6) The program shall be an integrated, organized sequence of study in psychology as demonstrated by an identifiable curriculum track or tracks wherein course sequences are outlined.
(7) The program shall encompass the equivalent of a minimum of two academic years, at least one of which shall be one academic year of full-time graduate study in student residence at the institution from which the degree is granted. Residence requires interaction with psychology faculty and other matriculated psychology students. A one year residency shall consist of 30 semester hours or 45 quarter hours taken on a full-time or part-time basis at the institution.
(8) The program shall include practica or other field experience appropriate to the area of specialty and practice as a psychological technician. This experience shall satisfy all of the following criteria:
a. The experience shall be a planned or directed program of training in psychology, in contrast to on-the-job training, and shall have provided the trainee with a planned and directed sequence of training integrated with the educational program in which the trainee is enrolled. The training shall be planned by the faculty of the program rather than by the trainee.
b. The training site shall have a clearly designated and licensed psychologist who is responsible for the integrity and quality of the training program.
c. The training shall last a minimum of six months and consist of at least 500 hours of supervised training. At least 50 percent of the training shall be spent in direct contact with patients or clients.
d. The training program shall have a written program description detailing the functioning of the program and shall be approved by the psychology program of the trainee before training occurs.
e. The training site staff shall provide a minimum of one hour per five hours of client contact of face-to-face, primarily individual, regularly scheduled supervision, overseeing the training experience.
f. Supervision may be provided in part by psychiatrists, social workers, or other related professionals qualified by the training site. At least 60 percent of the supervision shall be provided by a licensed psychologist.
g. A person enrolled in a training program shall be designated as a practicum student, or any other designation which clearly indicates training status.
(9) a. The program shall include a minimum of 45 semester hours or 68 quarter hours of graduate study in standard psychology courses, including courses drawn from academic psychology, such as social, experimental, physiological, developmental, history and systems, and statistics and research design.
Of the required semester or quarter hours, not more than six semester or nine quarter hours shall be credited for practicum and not more than six semester or nine quarter hours shall be credited for thesis.
No credit shall be allowed for audited courses or courses taken at an institution which is not a regionally accredited institution of higher education.
b. An applicant whose credentials have been approved by the board for examination at the licensed psychologist level may be issued a license as a psychological technician if the applicant fails an examination at the licensed psychologist level but passes the examination at the licensed psychological technician level. To receive this license, the applicant shall file all required application materials with the board for licensure at the psychological technician level.
(Act 98-146, p. 230, §4; Act 2016-416, §1.)
No person shall hold himself or herself out to the public as a licensed psychological technician or practice as a psychological technician unless licensed by the board. Failure to comply with this section shall constitute a Class B misdemeanor.
(Act 98-146, p. 230, §5; Act 2016-416, §1.)
This article shall be known and may be cited as the Psychology Interjurisdictional Compact.
Whereas, states license psychologists in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice; and
Whereas, this compact is intended to regulate the day-to-day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state; and
Whereas, this compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and
Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and
Whereas, this compact does not apply to permanent in-person, face-to-face practice; however, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology.
Enhance the ability of the compact states to protect the public’s health and safety, especially client/patient safety.
Encourage the cooperation of compact states in the areas of psychology licensure and regulation.
Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history.
Promote compliance with the laws governing psychological practice in each compact state.
Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
(Act 2021-116, §1.)
As used in this article, the following terms have the following meanings:
(1) ADVERSE ACTION. Any action taken by a state psychology regulatory authority which finds a violation of a law or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
(2) ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB). The recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
(3) AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY. A licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
(4) BYLAWS. Those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Section 34-26-89 for its governance, or for directing and controlling its actions and conduct.
(5) CLIENT/PATIENT. The recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.
(6) COMMISSIONER. The voting representative appointed by each state psychology regulatory authority pursuant to Section 34-26-89.
(7) COMPACT STATE. A state, the District of Columbia, or United States territory that has enacted this compact legislation and that has not withdrawn pursuant to Section 34-26-92 (c) or been terminated pursuant to Section 34-26-91 (b).
(8) COORDINATED LICENSURE INFORMATION SYSTEM or COORDINATED DATABASE. An integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
(9) CONFIDENTIALITY. The principle that data or information is not made available or disclosed to unauthorized persons or processes.
(10) DAY. Any part of a day in which psychological work is performed.
(11) DISTANT STATE. The compact state where a psychologist is physically present, not through the use of telecommunications technologies, to provide temporary in-person, face-to-face psychological services.
(12) E.PASSPORT. A certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
(13) EXECUTIVE BOARD. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(14) HOME STATE. A compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
(15) IDENTITY HISTORY SUMMARY. A summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
(16) IN-PERSON, FACE-TO-FACE. Interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
(17) INTERJURISDICTIONAL PRACTICE CERTIFICATE (IPC). A certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one’s qualifications for such practice.
(18) LICENSE. Authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
(19) NON-COMPACT STATE. Any state which is not at the time a compact state.
(20) PSYCHOLOGIST. An individual licensed for the independent practice of psychology.
(21) PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION or COMMISSION. The national administration of which all compact states are members.
(22) RECEIVING STATE. A compact state where the client/patient is physically located when the telepsychological services are delivered.
(23) RULE. A written statement by the Psychology Interjurisdictional Compact Commission adopted pursuant to Section 34-26-90 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.
(24) SIGNIFICANT INVESTIGATORY INFORMATION. Either of the following:
a. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state law or ethics code that would be considered more substantial than minor infraction.
b. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.
(25) STATE. A state, commonwealth, territory, or possession of the United States, or the District of Columbia.
(26) STATE PSYCHOLOGY REGULATORY AUTHORITY. The board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.
(27) TELEPSYCHOLOGY. The provision of psychological services using telecommunication technologies.
(28) TEMPORARY AUTHORIZATION TO PRACTICE. A licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.
(29) TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE. Where a psychologist is physically present, not through the use of telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
(Act 2021-116, §2.)
(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.
(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) Currently requires the psychologist to hold an active E.Passport;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) Currently requires the psychologist to hold an active IPC;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
(Act 2021-116, §3.)
(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.
(Act 2021-116, §4.)
(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Section 34-26-82, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact.
(b) To exercise the temporary authority to practice 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 that violates the rules of the commission;
(6) Possess a current, active IPC;
(7) Provide attestations in regard to areas of intended practice and work experience 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) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
(d) A psychologist practicing into a distant state under the temporary authorization to practice shall be subject to the distant state’s authority and law. A distant state, in accordance with that state’s due process law, may limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s residents. If a distant 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 temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the IPC shall be revoked and the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
(Act 2021-116, §5.)
A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:
(1) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state.
(2) Other conditions regarding telepsychology as determined by rules adopted by the commission.
(Act 2021-116, §6.)
(a) A home state may impose adverse action against a psychologist’s license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.
(b) A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
(c) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.
(1) All home state disciplinary orders that impose adverse action shall be reported to the commission in accordance with the rules adopted by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(2) In the event discipline is reported on a psychologist, the psychologist shall not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(3) Other actions may be imposed as determined by the rules adopted by the commission.
(d) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
(e) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.
(f) Nothing in this compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c).
(Act 2021-116, §7.)
In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this compact to:
(1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state, shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.
(2) Issue cease and desist or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice.
(3) During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority may complete any pending investigations of a psychologist and take any actions appropriate under its laws. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of the investigation, the psychologist may change his or her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
(Act 2021-116, §8.)
(a) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all individual psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.
(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against a psychologist’s license;
(5) An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
(6) Non-confidential information related to alternative program participation information;
(7) Any denial of application for licensure, and the reasons for such denial; and
(8) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
(Act 2021-116, §9.)
(a) The compact states create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.
(1) The commission is a body politic and an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings.
(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:
a. Executive director, executive secretary, or similar executive;
b. Current member of the state psychology regulatory authority of a compact state; or
c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.
(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
(3) Each commissioner shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.
(4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-26-90.
(6) The commission may convene in a closed, non-public meeting if the commission must discuss:
a. Non-compliance of a compact state with its obligations under the compact;
b. The employment, compensation, discipline or other personnel matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation against the commission;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
e. Accusation against any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement purposes;
i. Disclosure of information related to any investigatory reports prepared by, or on behalf of, or for use of, the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal and state statute.
(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, any person participating in the meeting, and the reasons for taking the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission, by a majority vote of the commissioners, shall adopt bylaws or rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:
(1) Establishing the fiscal year of the commission;
(2) Providing reasonable standards and procedures:
a. For the establishment and meetings of other committees; and
b. Governing any general or specific delegation of any authority or function of the commission.
(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;
(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
(6) Adopting a code of ethics to address permissible and prohibited activities of commission members and employees;
(7) Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations;
(8) The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the compact states;
(9) The commission shall maintain its financial records in accordance with the bylaws; and
(10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
(1) To adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all compact states.
(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected.
(3) To purchase and maintain insurance and bonds.
(4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a compact state.
(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest.
(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety.
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(9) To establish a budget and make expenditures.
(10) To borrow money.
(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(12) To provide and receive information from, and to cooperate with, law enforcement agencies.
(13) To adopt and use an official seal.
(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.
(e) The Executive Board. The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of six members:
a. Five voting members who are elected from the current membership of the commission by the commission.
b. One ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
(2) The ex officio member must have served as staff or member on a state psychology regulatory authority and be selected by its respective organization.
(3) The commission may remove any member of the executive board as provided in its bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees.
b. Ensure compact administration services are appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the commission.
e. Monitor compact compliance of member states and provide compliance reports to the commission.
f. Establish additional committees as necessary.
g. Other duties as provided in rules or bylaws.
(f) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall adopt a rule binding upon all compact states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to, or loss of, property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; nothing herein shall be construed to prohibit that person from retaining his or her own counsel, provided that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing the actual or alleged act, error, or omission occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(Act 2021-116, §10.)
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to this section. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a law or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a Notice of Proposed Rulemaking:
(1) On the website of the commission; and
(2) On the website of each compact state’s psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
(e) The Notice of Proposed Rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will 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; and
(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 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:
(1) At least 25 persons who submit comments independently of each other;
(2) A governmental subdivision or agency; or
(3) A duly appointed person in an association that has 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.
(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) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subdivision shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this subsection 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 subsection.
(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) 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.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
(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 the 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:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or compact state funds;
(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or regulation; or
(4) Protect public health and safety.
(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 will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(Act 2021-116, §11.)
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. 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 compact 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 such 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 compact 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 compact states of the nature of the default, the proposed means of remedying 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 remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy 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 submitted by the commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.
(4) A compact 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 incurred by the state that is found to be in default or which 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 State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
(c) Dispute Resolution.
(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
(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 United States District Court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with 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’s 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.
(Act 2021-116, §12.)
(a) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any compact state may withdraw from this compact by enacting a statute repealing the same.
(1) A compact state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this section prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state which does not conflict with this compact.
(e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
(Act 2021-116, §13.)
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
(Act 2021-116, §14.)
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.
(Act 2021-116, §15.)
(a) The purpose of this compact is to facilitate the interstate practice of school psychology in educational or school settings, and, in doing so, to improve the availability of school psychological services to the public. This compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings.
(b) To facilitate the objectives described in subsection (a), this compact shall do the following:
(1) Enable school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements.
(2) Promote the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state.
(3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states.
(4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state.
(5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided.
(6) Promote cooperation between the member states in regulating the practice of school psychology within those states.
(7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.
(Act 2025-207, §1.)
As used in this compact, the following terms have the following meanings:
(1) ACTIVE MILITARY MEMBER. Any person with full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Disciplinary action or encumbrance imposed on a license by a state licensing authority.
(3) ALTERNATIVE PROGRAM. A nondisciplinary, prosecutorial diversion, monitoring, or practice remediation process entered into in lieu of an adverse action which is applicable to a school psychologist and approved by the state licensing authority of a member state where the participating school psychologist is licensed. The term includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.
(4) COMMISSIONER. The individual appointed by a member state to serve as the representative to the commission for that member state.
(5) COMPACT. The School Psychologist Interstate Licensure Compact.
(6) CONTINUING PROFESSIONAL EDUCATION. A requirement, imposed by a member state as a condition of license renewal, to provide evidence of successful participation in professional educational activities relevant to the provision of school psychological services.
(7) CRIMINAL BACKGROUND CHECK. The submission of fingerprints or other biometric information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d), and the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(8) DOCTORAL LEVEL DEGREE. A graduate degree program that consists of at least 90 graduate semester hours in the field of school psychology, including a supervised internship.
(9) ENCUMBERED LICENSE. A license that a state licensing authority has limited in any way other than through an alternative program, including temporary or provisional licenses.
(10) EXECUTIVE COMMITTEE. The commission’s chair, vice chair, secretary, and treasurer and any other commissioners as may be determined by commission rule or bylaw.
(11) EQUIVALENT LICENSE. A license to practice school psychology which a member state has identified as a license that may be provided to school psychologists from other member states pursuant to this compact.
(12) HOME STATE. The member state that issued the home state license to the licensee and is the licensee’s primary state of practice.
(13) HOME STATE LICENSE. The license that is not an encumbered license issued by the home state to provide school psychological services.
(14) LICENSE. A current license, certification, or other authorization granted by a member state’s licensing authority that permits an individual to provide school psychological services.
(15) LICENSEE. An individual who holds a license from a member state to provide school psychological services.
(16) MEMBER STATE. A state that has enacted this compact and has been admitted to the commission in accordance with the provisions herein and commission rules.
(17) MODEL COMPACT. The model language for the School Psychologist Interstate Licensure Compact on file with the Council of State Governments or other entity as designated by the commission.
(18) PRACTICE OF SCHOOL PSYCHOLOGY. The delivery of school psychological services.
(19) QUALIFYING NATIONAL EXAM. A national licensing examination endorsed by the National Association of School Psychologists and any other exam as approved by the rules of the commission.
(20) QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM. An education program that awards a specialist-level or doctoral-level degree or equivalent upon completion and is approved by the rules of the commission as meeting the necessary minimum educational standards to ensure that the program’s graduates are ready, qualified, and able to engage in the practice of school psychology.
(21) REMOTE STATE. A member state other than the home state where a licensee holds a license through this compact.
(22) RULE. A regulation adopted by an entity, including, but not limited to, the commission and the state licensing authority of each member state, which has the force of law.
(23) SCHOOL PSYCHOLOGICAL SERVICES. Academic, mental, and behavioral health services, including assessment, prevention, consultation and collaboration, intervention, and evaluation, provided by a school psychologist in a school, as outlined in applicable professional standards as determined by commission rule.
(24) SCHOOL PSYCHOLOGIST. An individual who has met the requirements to obtain a home state license that legally conveys the professional title of school psychologist, or its equivalent as determined by the rules of the commission.
(25) SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION or COMMISSION. The joint government agency established by this compact whose membership consists of representatives from each member state that has enacted this compact, and as further described in Section 34-26-106.
(26) SCOPE OF PRACTICE. The procedures, actions, and processes a school psychologist licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means, including, but not limited to, statute, rule, case law, and other processes available to the state licensing authority or other government agency.
(27) SPECIALIST-LEVEL DEGREE. A degree program that requires at least 60 graduate semester hours or equivalent in the field of school psychology, including a supervised internship.
(28) STATE. Any state, commonwealth, district, or territory of the United States of America.
(29) STATE LICENSING AUTHORITY. A member state’s regulatory body responsible for issuing licenses or otherwise overseeing the practice of school psychology.
(30) STATE SPECIFIC REQUIREMENT. A requirement for licensure covered in coursework or examination that includes content of unique interest to the state.
(31) UNENCUMBERED LICENSE. A license that authorizes a licensee to engage in the full and unrestricted practice of school psychology.
(Act 2025-207, §1.)
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:
(1) Enact a compact statute that is not materially different from the model compact as defined in the commission’s rules.
(2) Participate in the sharing of information with other member states as reasonably necessary to accomplish the objectives of this compact, and as further defined in Section 34-26-100.
(3) Identify and maintain with the commission a list of equivalent licenses available to licensees who hold a home state license under this compact.
(4) Have a mechanism in place for receiving and investigating complaints about licensees.
(5) Notify the commission, in compliance with the terms of this compact and the commission’s rules, of any adverse action taken against a licensee, or of the availability of investigative information which relates to a licensee or applicant for licensure.
(6) Require that applicants for a home state license have:
a. Taken and passed a qualifying national exam as defined by the rules of the commission.
b. Completed a minimum of 1200 hours of supervised internship, of which at least 600 hours must have been completed in a school, prior to being approved for licensure.
c. Graduated from a qualifying school psychologist education program.
(7) Comply with the terms of this compact and the rules of the commission.
(b) Each member state shall grant an equivalent license to practice school psychology in that state upon application by a licensee who satisfies the criteria of Section 34-26-103(a). Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of Section 34-26-103(b).
(c) Member states may set and collect a fee for granting an equivalent license.
(Act 2025-207, §1.)
(a) To obtain and maintain an equivalent license from a remote state under this compact, a licensee must:
(1) Hold and maintain an active home state license.
(2) Satisfy any applicable state specific requirements established by the member state after an equivalent license is granted.
(3) Complete any administrative or application requirements that the commission may establish by rule, and pay any associated fees.
(4) Complete any requirements for renewal in the home state, including applicable continuing professional education requirements.
(5) Upon his or her application to receive a license under this compact, undergo a criminal background check in the member state in which the equivalent license is sought in accordance with the laws and rules of the member state.
(b) To renew an equivalent license in a member state other than the home state, a licensee must only apply for renewal, complete a background check, and pay renewal fees as determined by the licensing authority.
(Act 2025-207, §1.)
A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations:
(1) The licensee’s permanent residence.
(2) A member state that is the licensee’s primary state of practice.
(3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).
(Act 2025-207, §1.)
(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to its scope of practice laws.
(b) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such information or files shall protect and maintain their security and confidentiality, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
(Act 2025-207, §1.)
(a) The member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this compact, and this agency shall be known as the School Psychologist Interstate Licensure Compact Commission. The commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of this compact as set forth in Section 34-26-110.
(b) Membership, Voting, and Meetings.
(1) Each member state shall have and be limited to one delegate selected by the state licensing authority of that member state.
(2) The delegate shall be the primary administrative officer of the member state licensing authority or a designee who is an employee of the member state licensing authority.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet via telecommunication, videoconference, or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet via telecommunication, videoconference, or other similar electronic means.
(c) The commission shall have the following powers:
(1) To establish the fiscal year of the commission.
(2) To establish code of conduct and conflict of interest policies.
(3) To establish and amend rules and bylaws.
(4) To establish the procedure through which a licensee may change his or her home state.
(5) To maintain its financial records in accordance with the bylaws.
(6) To meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws.
(7) To initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.
(8) To maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf.
(9) To purchase and maintain insurance and bonds.
(10) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(11) To conduct an annual financial review.
(12) To hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of this compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(13) To assess and collect fees.
(14) To accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of those items; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(15) To lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.
(16) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(17) To establish a budget and make expenditures.
(18) To borrow money.
(19) To appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and other interested persons as may be designated in this compact and the bylaws.
(20) To provide and receive information from, and cooperate with, law enforcement agencies.
(21) To establish and elect an executive committee, including a chair and a vice chair.
(22) To determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact.
(23) To perform other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The Executive Committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact and shall have the following powers, duties, and responsibilities:
a. To oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with the provisions of this compact, its rules and bylaws, and other such duties as deemed necessary.
b. To recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to member states, fees charged to licensees, and other fees.
c. To ensure compact administration services are appropriately provided, including by contract.
d. To prepare and recommend the budget.
e. To maintain financial records on behalf of the commission.
f. To monitor compact compliance of member states and provide compliance reports to the commission.
g. To establish additional committees as necessary.
h. To exercise the powers and duties of the commission during interim periods between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw.
i. To perform other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to seven members:
a. The chair and vice chair of the commission shall be voting members of the executive committee.
b. The commission shall elect five voting members from the current membership of the commission.
(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subdivision (f)(2).
b. The executive committee shall give 30 days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.
c. The executive committee may hold a special meeting in accordance with paragraph (f)(1)b.
(e) The commission shall adopt and provide an annual report to the member states.
(f) Meetings of the commission.
(1) All meetings shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in subdivision (2).
a. Public notice for all meetings of the full commission shall be given in the same manner as required under the rulemaking provisions in Section 34-26-108, except that the commission may hold a special meeting as provided in paragraph b.
b. The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the commission’s website, and other means as provided in the commission’s rules. The commission’s legal counsel shall certify that the commission’s need to meet qualifies as an emergency.
(2) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting for the commission, executive committee, or other committees of the commission to receive legal advice or to discuss any of the following:
a. Noncompliance of a member state with its obligations under this compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.
c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally censuring any individual.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by, on behalf of, or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact.
k. Matters specifically exempted from disclosure by federal or member state law.
l. Other matters as adopted by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and each reference shall be recorded in the minutes.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(14).
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees practicing in the member states under an equivalent license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any such individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that individual.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
(Act 2025-207, §1.)
(a) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the facilitation of the following licensee information as required by the rules of the commission, to include the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and related information.
(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law.
(5) Any denial of application for licensure, and the reason for the denial.
(6) The presence of investigative information.
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(c) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or rules governing licensee information in the member state.
(Act 2025-207, §1.)
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states.
(c) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.
(e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform.
(2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and 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:
(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.
(4) Protect public health and safety.
(Act 2025-207, §1.)
(a) Oversight.
(1) The executive and judicial branches of the state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a supermajority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the member states’ licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of the termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
(i) Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to this compact 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.
(j) Enforcement.
(1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.
(2) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the commission.
(Act 2025-207, §1.)
(a) This compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of this compact indicated above, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-26-109(b).
b. If any member state is later found to be in default, is terminated, or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
b. Any member state may withdraw from this compact by enacting a statute repealing the same.
(b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal.
(1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2025-207, §1.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in this compact, or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, individual, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in this compact or, in accordance with the requirements of Section 34-26-109(f), terminate a member state’s participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2025-207, §1.)
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.
(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(d) Nothing in this compact shall be interpreted to modify, amend, repeal, or supersede any state criminal or civil liability laws.
(e) In the event the commission adopts rules to coordinate the implementation or administration of this compact which conflict with Alabama law, Alabama law shall supersede those rules, and Alabama state courts shall retain sole jurisdiction to determine any conflicts.
(f) Alabama state courts shall retain sole jurisdiction to determine whether provisions of this compact are in conflict with state laws or the Constitution of Alabama of 2022.
(g) 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.
(Act 2025-207, §1.)
This chapter may be cited as the Alabama Real Estate License Law of 1951.
(Acts 1951, No. 422, p. 745, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1.)
(a) For purposes of Articles 1 and 2 of this chapter, the following terms have the following meanings:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker.
(2) BROKER. Any person licensed as a real estate broker under Articles 1 and 2 of this chapter.
(3) BUYER’S AGREEMENT. An agreement between a real estate company and a person through which the company agrees to assist the person with the purchase of real property in exchange for a fee, whether as a fiduciary or non-fiduciary.
(4) COMMISSION. The Alabama Real Estate Commission, except where the context requires that it means the fee paid to a broker or salesperson.
(5) COMMISSIONER. A member of the commission.
(6) COMPANY. Any sole proprietorship, corporation, partnership, branch office, or lawfully constituted business organization as the Legislature may provide for from time to time, which is licensed as a company under Articles 1 and 2 of this chapter.
(7) ENGAGE. Contractual relationships between a qualifying broker and an associate broker or salesperson licensed under him or her, whether the relationship is employer-employee, independent contractor, or otherwise.
(8) INACTIVE LICENSE. A license which is being held by the commission office by law, order of the commission, at the request of the licensee, or which is renewable but is not currently valid because of failure to renew.
(9) LICENSEE. Any broker, salesperson, or company.
(10) LICENSE PERIOD. That period of time beginning on October 1 of a year designated by the commission to be the first year of a license period and ending on midnight September 30 of the year designated by the commission as the final year of that license period.
(11) LISTING AGREEMENT. An agreement between a company and an owner wherein the company agrees to assist the owner in the sale of the owner’s real property in exchange for a fee, whether as a fiduciary or non-fiduciary. The term includes an agreement giving the company the right to list or market the owner’s real property upon the owner’s future decision to sell the property.
(12) PERSON. A natural person.
(13) PLACE OF BUSINESS.
a. A licensed broker living in a rural area of this state who operates from his or her home, provided that he or she sets up and maintains an office for the conduct of the real estate business, which shall not be used for living purposes or occupancy other than the conduct of the real estate business. The office shall be used by the broker only and not as a place of business from which any additional licensee operates under his or her license. The office shall have a separate business telephone, separate entrance, and be properly identified as a real estate office.
b. All licensees located within the city limits or police jurisdiction of a municipality shall operate from a separate office located in the city limits or police jurisdiction. The office shall have a business telephone, meet all other regulations of the Real Estate Commission, and be properly identified as a real estate office. Hardship cases may be subject to waiver of this regulation upon application and approval by the commission.
c. All business records and files shall be kept at the place of business as required by law or Real Estate Commission rules.
(14) PRINCIPAL BROKER. As used in other states, the term has the same meaning as “qualifying broker” in this state.
(15) QUALIFYING BROKER. A broker under whom a sole proprietorship, corporation, partnership, branch office, or lawfully constituted business organization as the Legislature may from time to time provide is licensed, or a broker licensed as a company to do business as a sole proprietorship who is responsible for supervising the acts of the company or proprietorship and all real estate licensees licensed therewith.
(16) RECOVERY FUND. The Alabama Real Estate Recovery Fund.
(17) SALESPERSON. Any person licensed as a real estate salesperson under Articles 1 and 2 of this chapter.
(18) TEAM. Two or more licensees within the same company who work together to provide services for which a license is required and who hold themselves out to the public as a distinct group within the company.
(b) The licensing requirements of Articles 1 and 2 of this chapter shall not apply to any of the following persons and transactions:
(1) Any owner in the managing of, or in consummating a real estate transaction involving, his or her own real estate or the real estate of his or her spouse, child, or parent.
(2) An attorney-at-law performing his or her duties as an attorney-at-law.
(3) Persons acting without compensation and in good faith under a duly executed power of attorney authorizing the consummation of a real estate transaction.
(4) Persons or a state or federally chartered financial institution acting as a receiver, trustee, administrator, executor, or guardian; or acting under a court order or under authority of a trust instrument or will.
(5) Public officers performing their official duties.
(6) Persons performing general clerical or administrative duties for a broker so long as the person does not physically show listed property.
(7) Persons acting as the manager for an apartment building or complex. However, this exception shall not apply to a person acting as an on-site manager of a condominium building or complex.
(8) Persons licensed as time-share sellers under Article 3 of this chapter performing an act consistent with that article.
(9) Transactions involving the sale, lease, or transfer of cemetery lots.
(Acts 1951, No. 422, p. 745, §3; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §3; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, §1; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1996, No. 96-791, p. 1471, §1; Act 2003-298, p. 701, §1; Act 2008-141, p. 214, §3; Act 2025-380, §1.)
(a)(1) Co-brokerage agreements between a licensed principal broker of another state and licensed qualifying broker of this state are governed by this section.
(2) A licensed principal broker of another state may act as co-broker in a sale or lease transaction with a licensed qualifying broker of this state by executing a written agreement specifying each parcel of property covered by the agreement.
(3) A co-brokerage agreement is limited to three transactions per calendar year, per licensed out-of-state principal broker. A transaction may include multiple properties if the properties are part of the same portfolio.
(4) A licensed out-of-state principal broker shall not use a co-brokerage agreement to engage in transactions in Alabama totaling more than fifty million dollars ($50,000,000) in any calendar year.
(b) Whenever an Alabama qualifying broker enters into a co-brokerage agreement with a licensed out-of-state principal broker to perform any of the acts described in Section 34-27-30 in Alabama, the Alabama qualifying broker shall file with the commission a copy of each such written agreement not more than 10 days after the agreement is signed by all of the parties. By signing the agreement, the licensed out-of-state principal broker agrees to abide by Alabama law and the rules of the commission; and further agrees that civil actions may be commenced against him or her in any court of competent jurisdiction in any county of this state in which a claim may arise. Complaints against the licensed out-of-state principal broker related to the Alabama transaction governed by a co-brokerage agreement shall also be forwarded to the state governmental body with regulatory authority over the out-of-state principal broker’s license.
(c) All co-brokerage agreements with licensed out-of-state principal brokers for transactions occurring in Alabama shall include all of the following provisions and acknowledgments:
(1) A listing or joint listing of the property involved.
(2) A specification of all material terms, including, but not limited to, the financial terms.
(3) That an Alabama broker shall supervise the showing of property located in Alabama and any subsequent negotiations.
(4) That the name of the Alabama broker shall appear in all advertising of real property located in the state.
(5) That the Alabama broker shall verify that the licensed out-of-state broker is a licensed principal broker in another state.
(6) That any earnest money deposited pursuant to the agreement shall be held in escrow by the Alabama qualifying broker unless both the buyer and the seller agree in writing to relieve the Alabama qualifying broker of this responsibility.
(Acts 1951, No. 422, p. 745, §7; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §7; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Act 2025-380, §1.)
All fees, fines, charges, or other money, except as provided in Section 34-27-31, and except as provided in this section for multi-year licenses, collected by the commission shall be deposited in the State Treasury to the credit of the Real Estate Commission Revenue Fund and shall be disbursed by the state Comptroller on order of the executive director at the direction of the commission. A proportionate share of all money collected by the commission as license fees during each fiscal year of a multi-year license period or during the renewal period immediately preceding that first year, and all fees collected for research and education, shall be reserved in the State Treasury in the Real Estate Commission Proportionate Fund by the state Comptroller to be disbursed quarterly to the Real Estate Research and Education Center with the remainder to be disbursed for commission expenses incurred in that fiscal year or the subsequent fiscal years of that license period. The proportion for each fiscal year shall be determined by dividing the amount of money collected by the commission as license fees each fiscal year or during the renewal period immediately preceding the first year by the number of years within the multi-year license period. These sums may be invested by the State Treasurer in any investments which are legal for domestic life insurance companies under the laws of this state. Any interest or other income from investments in the proportionate fund shall be deposited into the Real Estate Commission Revenue Fund for expenditure by the commission. All other money including penalty fees collected by the commission shall be disbursed during the fiscal year in which they are collected. The state Comptroller and State Treasurer are directed to pay all expenses incurred by the commission in performing its responsibilities and exercising its authority from the Real Estate Commission Revenue Fund in the State Treasury on warrants of the state Comptroller drawn on the State Treasury on order of the executive director. The commission may not incur expenses that exceed the total fees and charges collected and paid into the State Treasury; or that exceed the amount appropriated by the Legislature. No funds shall be withdrawn or expended except as budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96. All money remaining unexpended in the Real Estate Commission Revenue Fund at the end of each fiscal year shall be retained by the commission for the following fiscal year.
(Acts 1951, No. 422, p. 745, §11; Acts 1953, No. 513, p. 647; Acts 1963, No. 290, p. 734; Acts 1971, No. 2485, p. 3966, §11; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1979, No. 79-690, p. 1221, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1992, No. 92-177, p. 305, §3; Acts 1995, No. 95-679, p. 1483, §1.)
The commission shall on the request of the probate judge of any county of this state provide the judge with a list of persons who are licensed by the commission and who reside in that county.
(Acts 1951, No. 422, p. 745, §15; Acts 1971, No. 2485, p. 3966, §15; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1.)
AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE.
(a) For purposes of this section and rules adopted pursuant thereto, the following terms shall have the following meanings:
(1) ADMINISTRATOR. A person designated by a principal school or branch school and approved by the commission to be the person responsible to the commission for all acts governed by this chapter and applicable rules which govern the operation of schools.
(2) APPROVED COURSE. Any course of instruction approved by the commission that satisfies commission requirements for prelicense education, postlicense education, or continuing education.
(3) APPROVED SCHOOL. Any proprietary educational institution offering only commission approved continuing education courses and any accredited college or university that offers any commission approved course.
(4) BRANCH SCHOOL. Any school under the ownership of a principal school which offers commission approved courses at a permanent location.
(5) INSTRUCTIONAL SITE. Any physical place where commission approved instruction is conducted apart from the principal school or branch school.
(6) INSTRUCTOR. A person approved by the commission to teach approved courses in the classroom or by distance education.
(7) LICENSED SCHOOL. Any proprietary school that offers commission approved prelicense courses or postlicense courses, or both, only after being licensed and bonded by the commission.
(8) PRINCIPAL SCHOOL. Any institution or organization which is the primary school and not a branch school that is approved by the commission.
(9) PROPRIETARY SCHOOL. Any school that is not an accredited college or university and which offers commission approved prelicense courses or postlicense courses, or both, only after being licensed and bonded by the commission. Each branch school shall be licensed separately.
(b) The commission shall approve and regulate schools that offer commission approved prelicense, postlicense, and continuing education courses. The commission shall be the board, commission, or agency with the sole and exclusive authority to license proprietary schools and their branches for the limited purpose of their offerings of commission approved prelicense courses or postlicense courses, or both.
(c) The commission shall require proprietary schools to furnish a surety bond payable to the commission in the amount of twenty thousand dollars ($20,000) with a surety company authorized to do business in Alabama, which bond shall provide that the obligor therein shall pay up to twenty thousand dollars ($20,000) in the aggregate sum of all judgments which shall be recovered against the school for damages arising from the school’s collection of tuition or fees, or both, from students, but failing to provide the complete instruction for which such tuition or fees were collected. The bond shall remain in effect as long as the school is licensed. In the event the bond is revoked or cancelled by the surety company, the school shall have 10 days to obtain a new bond and file it with the commission. Failure to maintain a bond shall result in the immediate suspension of the licenses of the school and all of its branches. The bond shall be provided by the school and shall also cover any branch schools named in the bond or any endorsement or amendment thereto.
(d) The commission shall charge a license fee for each licensed principal school and shall charge a fee for each branch school in the amount of two hundred fifty dollars ($250) per year for each year or portion of a year remaining in the respective license period. The renewal fee for each school license shall be one hundred twenty-five dollars ($125) for each year of the license period.
(e) The commission shall require all schools to name and have approved by the commission a school administrator who shall be responsible to the commission for all actions of his or her respective school.
(f) Principal schools shall be clearly identified by signage as appropriate for the location. The signage shall set out the name of the principal school. Branch schools shall be clearly identified by signage as appropriate for the location. The signage shall set out the name of the branch school and the name of the principal school.
(g) The commission shall have the authority to reprimand, fine, suspend for a period up to two years, or revoke the license or approval of any school, administrator, or instructor for any violation of this section or any rule of the commission. The fine shall be not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500) per count.
(h) The commission shall approve, sponsor, contract for or conduct, or assist in sponsoring or conducting real estate courses for licensees, may charge fees, and may incur and pay the necessary expenses in connection therewith.
(i) The commission shall approve and regulate instructors who teach the commission approved prelicense, postlicense, and continuing education courses. The commission shall establish and collect fees as determined necessary, not to exceed fifty dollars ($50) per instructor annually, to approved instructors who teach commission approved courses.
(j) The commission shall approve courses and establish and collect fees as determined necessary, not to exceed one hundred dollars ($100) per application, to review each course.
(k) The commission shall establish one-year or multi-year approval periods for schools, instructors, administrators, and courses. Approval and license periods shall run from October 1 of the first year of the approval period through September 30 of the final year of the approval period.
(l) The commission shall promulgate rules and regulations as necessary to accomplish the purpose of this section in accordance with the Administrative Procedure Act.
(Acts 1951, No. 422, p. 745, §16; Acts 1971, No. 2485, p. 3966, §16; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1996, No. 96-791, p. 1471, §1; Act 2009-581, p. 1712, §1.)
(a) There is created the Alabama Real Estate Commission. The commission shall consist of nine members appointed by the Governor with the advice and consent of the Senate as hereinafter provided. The Governor’s appointments to the commission, except for the appointment of the consumer member made pursuant to subsection (e), shall be made from a list of three persons nominated by the governing body of the Alabama Professional Real Estate Society or trade association which has the largest licensee membership, as evidenced by the filing of a verified list of paid members with the Secretary of State within 10 days of April 6, and annually by December 31 of each year thereafter. At least one of the persons nominated for each commission seat shall not be a member of the Real Estate Society or trade association. The Governor shall appoint one of the three nominated persons within 30 days following receipt of the list. If the Governor does not make an appointment within 30 days, the said Real Estate Society or trade association shall provide the Governor a list of three additional nominees. The Governor, upon receipt of the second list of nominees, shall appoint one of the six nominees within 30 days following receipt of the nominees. Appointments made at times when the Senate is not in session shall be effective ad interim. Any appointment made by the Governor while the Senate is in session shall be submitted not later than the third legislative day following the date of appointment. Any appointment made while the Senate is not in session shall be submitted not later than the third legislative day following the reconvening of the Legislature.
(b) Ad interim appointments may be made by the Governor when the Legislature is not in session only for vacancies occurring by reason of death or resignation of a board member. Ad interim appointments shall be confirmed by the Senate at the next following regular or special session of the Legislature. Failure by the Senate to confirm shall result in a vacancy on the board that shall be filled by appointment by the Governor and confirmation by the Senate while the Legislature is in session. Any vacancy not acted upon shall remain a vacancy until it is filled at a subsequent session of the Legislature in the manner prescribed in this section.
(c) Each of the original seven appointees and their successors shall have been a resident and citizen of this state for at least 10 years prior to his or her appointment and whose vocation for at least 10 years shall have been that of a real estate broker or real estate salesperson. No person convicted of a violation of any federal or state real estate license law shall be eligible to serve. Not more than one member from any United States Congressional District shall be appointed to serve at the same time. The members of the commission shall serve five-year terms. On and after April 7, 1988, no member shall serve for more than two consecutive terms of office, except, however, each member shall hold office until his or her successor is appointed by the Governor and confirmed by the Senate. The period of time any member serves after the expiration of his or her term of office while awaiting the appointment and Senate confirmation of his or her successor shall not be considered as a consecutive term of office in determining the two consecutive terms of office limitation herein provided. All appointments shall expire on September 30 of the final year of a term, or on the date a successor to the member is appointed and confirmed. If a member does not serve his or her full term, the Governor shall appoint, in the same manner as original appointments are made, subject to confirmation by the Senate, a member to serve the unexpired portion of the term.
(d) On September 30, 1988, the Governor shall appoint one new member to the commission, subject to the confirmation of the Senate, who shall be a Black member who meets all of the other requirements of subsection (c), who shall serve no more than two consecutive terms of office, who shall be a full voting member, and who may be appointed from any congressional district in the state. Each successor Black member shall be appointed from a different congressional district, to be rotated equally among the remaining congressional districts.
(e) On October 1, 1996, the Governor shall appoint one new member to the commission, subject to the confirmation of the Senate, who shall be a consumer member. The consumer member of the commission shall serve no more than two consecutive terms of office, shall be a full voting member, and shall be initially appointed from any congressional district in the state. Each successor consumer member shall be appointed from a different congressional district, on a rotating basis, among the remaining congressional districts. The consumer member shall meet all of the following requirements, that he or she:
(1) Is 21 years of age or older.
(2) Has been a resident and citizen of this state for at least 10 years prior to appointment.
(3) Is a registered voter in this state.
(4) Has no felony convictions.
(5) Is the owner of real property.
(6) Has not been a licensed real estate broker or salesperson for the 10 years preceding appointment.
(7) Is not related to, by blood or marriage, or employed by, a real estate licensee.
(f) On the appointment of a new commissioner, the commission shall meet and select from its members a chair.
(g) Each member of the commission shall receive as full compensation three hundred dollars ($300) per month. The members of the commission, its staff, and attorneys shall receive the same per diem and travel allowance paid to state employees for each day they meet to conduct the official business of the commission.
(h) The commission may employ an executive director and an assistant executive director, both of whom shall be exempted from the classified service under the general laws of the state, and other staff members necessary to discharge its duties and administer this chapter. The executive director and assistant executive director shall be employed on the basis of their education, experience, and skills in administration and management. The commission shall advertise to seek quality applicants possessing the qualifications and shall conduct interviews of the top applicants. The assistant executive director shall act as and have authority of the executive director in his or her absence. The commission shall determine the duties and fix the compensation of the executive director, assistant executive director, and other staff members, subject to the general laws of the state.
(i) The commission shall adopt a seal by which it shall authenticate records and documents. Copies of all records and documents in the office of the commission duly certified and authenticated by the seal of the commission shall be received in evidence in all courts equally and with the same effect as the original. All public records kept in the office of the commission shall be open to public inspection during reasonable hours and under reasonable circumstances.
(j) No commissioner shall be liable for damages resulting from any act performed in carrying out his or her duties as a commissioner.
(Acts 1951, No. 422, p. 745, §4; Acts 1971, No. 2485, p. 3966, §4; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1979, No. 79-690, p. 1221, §1; Acts 1981, No. 81-386, p. 572, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1996, No. 96-791, p. 1471, §1.)
(a) A majority of the commission members shall constitute a quorum for the conduct of commission business. The commission may adopt and enforce all rules pursuant to the Alabama Administrative Procedure Act necessary for the administration of this chapter, and to otherwise do all things necessary and convenient for effecting this chapter.
(b) In addition to the powers granted in this section, the commission may adopt and enforce rules governing the requirements of agency disclosure by licensed brokers and salespersons.
(Acts 1951, No. 422, p. 745, §19; Acts 1971, No. 2485, p. 3966, §19; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1995, No. 95-211, p. 341, §10; Act 98-618, p. 1359, §1; Act 2025-380, §1.)
(a) The Legislature finds and declares all of the following:
(1) The power to make rules regulating the licensing of real estate brokers and salespersons includes the power to prohibit unqualified persons from being licensed as a real estate broker or salesperson.
(2) A primary goal of the provision of real estate regulation is to prioritize consumer protection in real estate transactions.
(3) The Alabama Real Estate Commission is in the best position to determine the real estate practices that prioritize consumer protection in real estate transactions.
(4) Prioritizing consumer protection may sometimes be at odds with the goals of state and federal antitrust laws, which include the prioritization of competition.
(5) It is the intent of the Legislature to immunize the Alabama Real Estate Commission and its members from liability under state and federal antitrust laws for the adoption of a rule that prioritizes consumer protection but may be anti-competitive.
(b) Subject to subsection (c), rules adopted under Section 34-27-8 may define and regulate the licensing of real estate brokers and salespersons in a way that prioritizes consumer protection, even if the rule is anti-competitive.
(c) A rule adopted under Section 34-27-8 may supplement or clarify any statutory definition, but may not conflict with any statute that defines an activity that requires licensing under this chapter.
(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Alabama Real Estate Commission beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015).
(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Alabama Real Estate Commission in any context outside of state or federal antitrust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015).
(Act 2017-396, §§1-3.)
(a) The requirements of this chapter shall be in addition to the requirements of existing or future laws or ordinances of any state, county, or municipality taxing, licensing, or regulating real estate brokers or salesmen.
(b) A licensee under this chapter shall not be subject to the requirements of Section 40-12-150 when he or she sells, offers to sell, or advertises for sale realty situated in another state or county.
(c) Licensees under this chapter shall be exempt from the provisions of Section 5-19-22.
(Acts 1951, No. 422, p. 745, §21; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §21; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1.)
(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.
(Acts 1951, No. 422, p. 745, §18; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1.)
It shall be unlawful for any person, sole proprietorship, partnership, corporation, branch office, or lawfully constituted business organization, as the Legislature may from time to time provide, for a fee, commission, or other valuable consideration, or with the intention or expectation of receiving or collecting a fee, commission, or other valuable consideration from another, to do any of the following unless licensed under Articles 1 and 2 of this chapter:
(1) Sell, exchange, purchase, rent, or lease real estate situated within the State of Alabama.
(2) Offer to sell, exchange, purchase, rent, or lease real estate situated within the State of Alabama.
(3) Negotiate or attempt to negotiate the listing, sale, exchange, purchase, rental, or leasing of real estate situated within the State of Alabama.
(4) List or offer or attempt or agree to list real estate for sale, rental, lease, exchange, or trade situated within the State of Alabama.
(5) Auction, offer, or attempt or agree to auction, real estate situated within the State of Alabama.
(6) Buy or sell or offer to buy or sell, or otherwise deal in options on real estate situated within the State of Alabama.
(7) Aid, attempt, or offer to aid in locating or obtaining for purchase, rent, or lease any real estate situated within the State of Alabama.
(8) Procure or assist in procuring of prospects for the purpose of effecting the sale, exchange, lease, or rental of real estate situated within the State of Alabama.
(9) Procure or assist in the procuring of properties for the purpose of effecting the sale, exchange, lease, or rental of real estate situated within the State of Alabama.
(10) Present himself or herself, or be presented, as being able to perform an act for which a license is required.
(Acts 1951, No. 422, p. 745, §2; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Act 2006-601, p. 1647, §1; Act 2008-141, p. 214, §3.)
Amended and renumbered as §11-51-132 by Act 2008-141, p. 214, §3, effective April 10, 2008.
(Act 2007-364, §1.)
(a) The rights of real estate licensees shall include the right to advertise real property for sale, lease, or transfer by other conveyance using signs affixed to or located on the real property. A municipal corporation or a political subdivision of the state may not impose any fee or tax for the use of signs affixed to or located on the real property which is for sale, lease, or transfer by other conveyance nor may a municipal corporation or a political subdivision of the state impose any fee or tax for the use of signs near such property directing people to such property.
(b) Notwithstanding the foregoing, nothing in this section shall limit the ability of a political subdivision to enact and enforce reasonable restrictions on the size, height, and placement of signs on private property or public right-of-way and to impose monetary penalties for a violation of such restrictions.
(Act 2008-383, p. 713, §1.)
(a) The commission shall establish and maintain a Recovery Fund from which an aggrieved party may recover actual or compensatory damages, not including interest and court costs, sustained only within the State of Alabama as a result of conduct of a broker or salesperson in violation of Article 1 or 2 of this chapter or the rules and regulations of the commission.
(b) Notwithstanding any other provision to the contrary, payments from the Recovery Fund are subject to the following conditions and limitations:
(1) The fund shall not be obligated for the acts or omissions of a broker or salesperson while acting on his or her own behalf or on behalf of his or her child, spouse, or parent regarding property in which he or she or his or her spouse, child, or parent has, or is attempting to acquire, an interest; or for the acts or omissions of an inactive licensee; or for the acts or omissions of a corporation, branch office, or partnership except through its licensed salespersons and brokers as individuals. The fund shall not be obligated for any judgment or settlement resulting from an act or omission of a broker or salesperson committed in conjunction with the marketing or development of a time-sharing project.
(2) Payments for claims based on judgments or settlements against any one person shall not exceed fifty thousand dollars ($50,000) in the aggregate.
(3) Payments for claims arising out of the same transaction shall not exceed twenty-five thousand dollars ($25,000) in the aggregate, regardless of the number of claimants.
(4) The fund shall not be liable for payments to a licensee or bonding company unless the licensee or bonding company was a principal party to a real estate transaction on which the judgment was based.
(c)(1) When any person makes application for an original license as a broker or salesperson, he or she shall pay, in addition to all other fees, a fee of thirty dollars ($30) for deposit in the Recovery Fund. In the event the commission does not issue the license, this fee shall be returned to the applicant.
(2) Any salesperson licensee who has paid the additional fee and who has attained a broker license and has paid the additional broker fee shall be refunded, upon request, one of the additional fees and no other salesperson licensee shall be required to pay an additional fee upon attaining broker status.
(3) Payments made to the Recovery Fund in lieu of bond by a licensee shall be paid only one time when he or she is originally licensed by the commission.
(d) When the balance remaining in the Recovery Fund is less than five hundred thousand dollars ($500,000), each broker and salesperson shall on order of the commission pay a fee of thirty dollars ($30) per license for deposit in the Recovery Fund. A licensee on inactive status shall not be required to contribute to the fund at that time. A fee of thirty dollars ($30) shall be paid at the time a license is activated.
(e)(1) When an aggrieved person commences an action for a judgment which may result in collection from the Recovery Fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of the action.
(2) When the commission receives the notice described in subdivision (e)(1), it may enter an appearance, file pleadings and motions, appear at court hearings, defend the action, or take whatever other action it deems appropriate either on the behalf and in the name of the defendant, or in its own name. The commission may also take any appropriate method of review either on behalf and in the name of the defendant, or in its own name. The commission may settle or compromise the claim. Any expenses incurred by the commission in defending, satisfying, or settling any claim shall be paid from the Recovery Fund.
(3) When an aggrieved person recovers a valid judgment in a court of competent jurisdiction against a broker or salesperson on the grounds described in subsection (a) above, which occurred on or after October 1, 1979, the aggrieved person may, on the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, on 10 days’ written notice to the commission, may apply to the court for an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved person shall be required to show each of the following:
a. He or she is not the spouse, child, or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount of the judgment and the amount owing on the judgment at the date of the application, and, that in the action, he or she had joined any and all bonding companies which issued corporate surety bonds to the judgment debtor as principal and all other necessary parties.
c. The following items, if recovered by him or her, have been applied to the actual compensatory damages awarded by the court:
Any amount recovered from the judgment creditor.
Any amount recovered from bonding companies.
Any amount recovered in out-of-court settlements.
(5) The court shall order that the Recovery Fund pay whatever sum it finds due under this section.
(6) Should the commission pay from the Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, all licenses of the licensee may be terminated by the commission. The commission may refuse to issue a new license to the former licensee until he or she has repaid in full, plus interest at the rate of 12 percent a year, the amount paid from the Recovery Fund. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.
(7) If the balance in the Recovery Fund is insufficient to satisfy a duly authorized claim or portion of a claim, the commission shall, when sufficient money has been deposited in the Recovery Fund, satisfy the unpaid claims or portions, plus interest at the rate of 12 percent a year in the order that the claims were originally filed.
(f) The sums received by the commission pursuant to this section shall be deposited into the State Treasury and held in a special fund to be known as the Real Estate Recovery Fund, and shall be held by the commission in trust for carrying out the purposes of the Recovery Fund. These sums may be invested by the State Treasurer in any investments which are legal for domestic life insurance companies under the laws of this state. Any interest or other income from investments of the Recovery Fund shall be deposited in the Real Estate Commission Revenue Fund with one-half being transmitted to the University of Alabama Real Estate Research and Education Center.
(g) The commission may transfer funds one time only from the Real Estate Recovery Fund to the University of Alabama Real Estate Research and Education Center. The amount of the transfer may not reduce the Real Estate Recovery Fund below six hundred thousand dollars ($600,000).
(h) When, on order of the court, the commission has paid from the Recovery Fund any sum, the commission shall be subrogated to all the rights of the judgment creditor, and all his or her right, title, and interest in the judgment, to the extent of the amount paid from the Recovery Fund, shall be assigned to the commission. Any amount and interest recovered by the commission on the judgment shall be deposited to the fund.
(i) The failure of an aggrieved person to strictly comply with all of the provisions of this section shall constitute a waiver of any rights under this section.
(j) Each licensee shall notify the commission within 10 days after notice to him or her of the institution of any criminal prosecution against him or her, or of a civil summons and complaint against him or her, if the subject matter of the civil complaint involves a real estate transaction or involves the goodwill of an existing real estate business. The notification shall be in writing by certified mail and shall include a copy of the summons and complaint. If a criminal charge is made, it shall include the specific charge made against the licensee together with a copy of any indictment or information alleging the charges.
(k) Each licensee shall notify the commission in writing by certified mail within 10 days after he or she receives notice that any criminal verdict has been rendered against him or her, or that a criminal action pending against him or her has been dismissed, or that a civil action in which he or she was a defendant and which involved a real estate transaction or the goodwill of a real estate business has resulted in a judgment or been dismissed. The notification shall be in writing and shall include a copy of the court order or other document giving the licensee notice.
(Acts 1951, No. 422, p. 745, §5; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §5; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1979, No. 79-690, p. 1221, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1995, No. 95-679, p. 1483, §1.)
(a) A license for a broker or a salesperson shall be registered to a specific real estate office and shall be issued only to, and held only by, a person who meets all of the following requirements:
(1) Is trustworthy and competent to transact the business of a broker or salesperson in a manner that safeguards the interest of the public.
(2) Is a person whose application for a real estate license has not been rejected in any state on any grounds other than failure to pass a written examination within the two years prior to the application for a real estate license with Alabama. If the applicant’s rejection for a real estate license in any state is more than two years from the date of application for a license in Alabama, then the applicant may not be issued an Alabama real estate license without the approval of the commissioners.
(3) Is a person whose real estate license has not been revoked in any state within the two years prior to application for a real estate license in Alabama. If the applicant’s real estate license revocation in any state, including Alabama, is more than two years from the date of application for a license in Alabama, then the applicant may not be issued an Alabama real estate license without the approval of the commissioners.
(4) Is at least 19 years of age.
(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, or is an alien with permanent resident status.
(6) Is a person who, if a nonresident, agrees to sign an affidavit stating the following and in the following form:
“I, as a nonresident applicant for a real estate license and as a licensee, agree that the Alabama Real Estate Commission shall have jurisdiction over me in any and all of my real estate related activities the same as if I were an Alabama resident licensee. I agree to be subject to investigations and disciplinary actions the same as Alabama resident licensees. Further, I agree that civil actions may be commenced against me in any court of competent jurisdiction in any county of the State of Alabama.
“I hereby appoint the Executive Director or the Assistant Executive Director of the Alabama Real Estate Commission as my agent upon whom all disciplinary, judicial, or other process or legal notices may be served. I agree that any service upon my agent shall be the same as service upon me and that certified copies of this appointment shall be deemed sufficient evidence and shall be admitted into evidence with the same force and effect as the original might be admitted. I agree that any lawful process against me which is served upon my agent shall be of the same legal force and validity as if personally served upon me and that this appointment shall continue in effect for as long as I have any liability remaining in the State of Alabama. I understand that my agent shall, within a reasonable time after service upon him or her, mail a copy of the service by certified mail, return receipt requested, to me at my last known business address.
“I agree that I am bound by all the provisions of the Alabama Real Estate License Law the same as if I were a resident of the State of Alabama.
__________Legal Signature of Applicant”
(b) The commission may reject the application of any person who has been convicted of or pleaded guilty or nolo contendere to a felony or a crime involving moral turpitude.
(c)(1)a. A person who holds a current real estate salesperson license in another state, including persons who move to and become residents of Alabama, shall apply for a reciprocal salesperson license. A person who holds a current broker license in another state, including persons who move to and become residents of Alabama, shall apply for a reciprocal broker license on a form prescribed by the commission.
b. The applicant shall submit proof that he or she has a current real estate license in another state as evidenced by a certificate of licensure, together with any other information required by the commission. The applicant shall also show proof that he or she has completed at least six hours of course work in Alabama real estate which is approved by the commission. Applicants for a reciprocal license shall not be subject to the complete examination or temporary license requirements of Section 34-27-33, but shall pass a reasonable written examination prepared by the commission on the subject of Alabama real estate. A person who holds a reciprocal license shall show proof of completion of continuing education either by meeting the requirements of Section 34-27-35 or by showing proof that his or her other state license remains active in that state.
c. The fees for issuance and renewal of a reciprocal license shall be the same as those for original licenses pursuant to Section 34-27-35. The recovery fund fee for issuance of a reciprocal license shall be the same as for an original license pursuant to Section 34-27-31.
(2) A person who holds a current Alabama license who moves to and becomes a resident of the state shall submit to the commission within 10 days a notice of change of address and all other license status changes.
(d) A person who does not hold a current real estate broker license in another state desiring to be a real estate broker in this state shall apply for a broker license. Along with the application, he or she shall submit all of the following:
(1) Proof that he or she has had an active real estate salesperson license in any state for at least 24 months of the 36-month period immediately preceding the date of application.
(2) Proof that he or she is a high school graduate or the equivalent.
(3) Proof that he or she has completed a course in real estate approved by the commission, which shall be a minimum of 60 clock hours.
(4) Any other information requested by the commission.
(e) A person who does not hold a current real estate salesperson license in another state desiring to be a real estate salesperson in this state shall apply for a salesperson’s license with the commission on a form prescribed by the commission which shall specify the real estate office to which he or she is registered. Along with the application, he or she shall furnish all of the following:
(1) Proof that he or she is a high school graduate or the equivalent.
(2) Proof that he or she has successfully completed a course in real estate approved by the commission, which shall be a minimum of 60 clock hours.
(3) Any other information required by the commission.
(f) An application for a company license or branch office license shall be made by a qualifying broker on a form prescribed by the commission. The qualifying broker shall be an officer, partner, or employee of the company.
(g) An applicant for a company or broker license shall maintain a place of business.
(h) If the applicant for a company or broker license maintains more than one place of business in the state, he or she shall have a company or branch office license for each separate location or branch office. Every application shall state the location of the company or branch office and the name of the company’s qualifying broker. Each company or branch office shall be under the direction and supervision of a qualifying broker licensed at that address. No person may serve as qualifying broker at more than one location. The qualifying broker for the branch office and the qualifying broker for the company shall share equal responsibility for the real estate activities of all licensees assigned to the branch office or company.
(i) No person may be a qualifying broker for more than one company or for a company and on his or her own behalf unless he or she meets all of the following requirements:
(1) All companies for which he or she is and proposes to be the qualifying broker consent in writing.
(2) He or she files a copy of the written consent with the commission.
(3) All companies for which he or she is and proposes to be the qualifying broker share the same company address.
(j) A person licensed under a qualifying broker may be engaged by one or more companies with the same qualifying broker.
(k) A person may use any office of a company under which he or she is licensed.
(l) A company license shall become invalid on the death or disability of a qualifying broker. Within 30 days after the death or disability, the corporation, or the remaining partners or the successor partnership, if any, may designate another of its officers, members, or salespersons to apply for a license as temporary qualifying broker. The person designated as temporary qualifying broker shall either be a broker or have been a salesperson for at least one year prior to filing the application. If the application is granted, the company may operate under that temporary qualifying broker for no more than six months after the commission issues the temporary qualifying broker license. Unless the company designates a fully licensed broker as the qualifying broker within the six-month period, the company license and all licenses under the company shall be classified inactive by the commission after two weeks prior electronic notice.
(m) The commission shall require both state and national criminal history background checks to issue a license. Applicants shall submit required information and fingerprints to the commission, Federal Bureau of Investigation, Alabama State Law Enforcement Agency, or its successor, or to a fingerprint processing service that may be selected by the commission for this purpose. Criminal history record information shall be provided to the commission from both the State of Alabama and the Federal Bureau of Investigation. The commission may use the provided criminal history for the determination of the qualifications and fitness of the applicant to hold a real estate license. The applicant shall assume the cost of the criminal history check. The criminal history shall be current to the issuance of the license.
(n) The commission may charge a fee of ten dollars ($10) for furnishing any person a copy of a license, certificate, or other official record of the commission.
(Acts 1951, No. 422, p. 745, §6; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §6; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 568, p. 1306, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1996, No. 96-791, p. 1471, §1; Act 2003-298, p. 701, §1; Act 2008-141, p. 214, §3; Act 2009-617, p. 1781, §1; Act 2016-322, p. 803, §1; Act 2025-380, §1.)
AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE.
(a)(1) In addition to other requirements of this chapter, every applicant for a broker’s or salesperson’s license shall submit to a reasonable written examination. The commission shall conduct examinations at places and times it prescribes. The commission may contract with an independent testing agency to prepare, grade, or conduct the examination.
(2) Effective October 1, 2001, and thereafter, the fee for each examination and the provisions for payment and forfeiture shall be as specified in the contract with the independent testing agency.
(b) Within 90 days after passing the examination, the applicant shall secure a qualifying broker and meet all requirements of this chapter and the board shall issue an active license or classify the license as inactive. In order to obtain an active license, the applicant’s qualifying broker shall sign and submit to the commission a sworn statement that the applicant is in his or her opinion honest, trustworthy, and of good reputation and that the broker accepts responsibility for the actions of the salesperson as set out in Section 34-27-31. The applicant’s qualifying broker shall be licensed in Alabama.
(c)(1) On passing the examination and complying with all other conditions for licensure, a temporary license certificate shall be issued to the applicant. The applicant is not licensed until he or she or his or her qualifying broker actually receives the temporary license certificate. A temporary license shall be valid only for a period of one year following the first day of the month after its issuance.
(2) The holder of a temporary license shall not be issued an original license until he or she has satisfactorily completed a 30-hour post-license course prescribed by the commission. The holder of a temporary license must complete the course within six months of issuance of his or her temporary license and have his or her original license issued, otherwise his or her temporary license certificate shall automatically be placed on inactive status by the commission. During the remaining six months his or her temporary license is valid, the holder of a temporary license may complete the course and have his or her original license issued. If the holder of a temporary license does not complete the course and have his or her original license issued within one year following the first day of the month after its issuance, the temporary license shall automatically expire and lapse. A temporary license is not subject to renewal procedures in this chapter and may not be renewed.
(3) In order to have a temporary license issued to active status, the applicant shall pay the Recovery Fund fee specified in this chapter. The holder of a temporary license shall, upon satisfactory completion of the course, pay the original license fee specified in this chapter to have his or her original license issued. An applicant for an original license who has paid the Recovery Fund fee specified in this chapter shall not be required to pay another Recovery Fund fee in order to have his or her original license issued.
(4) The holder of an original license who has satisfactorily completed the postlicense course and whose original license has been issued, shall not be subject to the continuing education requirements in this chapter for the first renewal of his or her original license.
(d) This section shall become effective for licenses issued beginning October 1, 1993.
(Acts 1951, No. 422, p. 745, §8; Acts 1963, No. 290, p. 734, §8; Acts 1971, No. 2485, p. 3966, §8; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1992, No. 92-177, p. 305, §3; Act 2001-310, p. 391, §1; Act 2008-141, p. 214, §3.)
AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE.
(a)(1) A broker may serve as qualifying broker for a salesperson or associate broker only if licensed in Alabama, his or her principal business is that of a real estate broker, and he or she shall be in a position to actually supervise the real estate activities of the associate broker or salesperson on a full-time basis.
(2) A salesperson or associate broker shall not perform acts for which a license is required unless licensed under a qualifying broker. A qualifying broker shall be held responsible to the commission and to the public for all acts governed by this chapter of each salesperson and associate broker licensed under him or her and of each company for which he or she is the qualifying broker. It shall be the duty of the qualifying broker to see that all transactions of every licensee engaged by him or her or any company for which he or she is the qualifying broker comply with this chapter. Additionally, the qualifying broker shall be responsible to an injured party for the damage caused by any violation of this chapter by any licensee engaged by the qualifying broker. This subsection does not relieve a licensee from liability that he or she would otherwise have.
(3) The qualifying brokers’ supervision responsibilities, as prescribed herein, over the real estate activities of associate brokers and salespersons licensed under him or her are not intended to and should not be construed as creating an employer-employee relationship contrary to any expressed intent of the qualifying broker and licensee to the contrary.
(b) Any salesperson or associate broker who desires to change his or her qualifying broker shall give notice in writing to the commission, and shall send a copy of the notice to his or her qualifying broker. The new qualifying broker shall file with the commission a request for the transfer and a statement assuming liability for the licensee. On payment of a fee of twenty-five dollars ($25), a new license certificate shall be issued to the salesperson or associate broker for the unexpired term of the original license. A fee of twenty-five dollars ($25) shall also be charged for any of the following license changes:
(1) Change of qualifying broker by a company or sole proprietorship. The fee is paid for the license or licenses on which the current and new qualifying brokers’ names appear. In cases where a company has a branch office or offices and the main office qualifying broker is changed, the fee is paid for each branch office license and for the license of each branch qualifying broker.
(2) Change of personal name of a qualifying broker. The fee is paid for the license or licenses on which the current qualifying broker’s name appears.
(3) Change of personal name of a salesperson or associate broker. The fee is paid for the license on which the name appears.
(4) Change of business location. The fee is paid for the license or licenses on which the address appears.
(5) Change of business name. The fee is paid for the license or licenses on which the name appears.
(6) Change of status from inactive to active. The fee is paid for each license being changed from inactive to active status. No fee is charged for the change from active to inactive status.
(c) A person who wishes to terminate his or her status as qualifying broker for a licensee may do so by notifying the licensee and the commission in writing and sending the licensee’s license certificate to the commission or verifying in writing to the commission that the certificate has been lost or destroyed.
(d) A person who wishes to terminate his or her status as a qualifying broker for a company may do so by submitting written notice to the company or qualifying broker of the parent company and the commission.
(e) A salesperson or associate broker shall not perform any act for which a license is required after his or her association with his or her qualifying broker has been terminated, or if he or she changes qualifying brokers, until a new active license has been issued by the commission.
(Acts 1951, No. 422, p. 745, §9; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §9; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1982, No. 82-231, p. 282, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1996, No. 96-791, p. 1471, §1.)
AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The commission shall prescribe the form and content of license certificates issued. Each qualifying broker’s license certificate shall show the name and business address of the broker. The license certificate of each active salesperson or associate broker shall show his or her name and address. The license certificate of each active salesperson or associate broker shall be delivered or mailed to his or her qualifying broker. Each license certificate shall be kept by the qualifying broker and shall be publicly displayed at the address which appears on the license certificate.
(b) The commission may establish a one-year or multi-year license period.
(c)(1) The fee for a temporary license shall be one hundred fifty dollars ($150). The original fee for a broker’s license shall be one hundred fifty dollars ($150) and, beginning with the license period effective October 1, 2002, the renewal fee for a broker’s license shall be seventy-five dollars ($75) per year for each year of the license period. The original fee for each salesperson’s license shall be sixty-five dollars ($65) per year for each year or portion of a year remaining in the respective license period, and the renewal fee for each salesperson’s license shall be sixty-five dollars ($65) per year for each year of the license period. The original fee for each company license shall be sixty-five dollars ($65) per year for each year or portion of a year remaining in the respective license period, and the renewal fee for each license shall be sixty-five dollars ($65) per year for each year of the license period.
(2) Beginning with the license period effective October 1, 2004, the renewal fee for a broker’s license shall be ninety-five dollars ($95) per year for each year of the license period. The original fee for each salesperson’s license shall be eighty-five dollars ($85) per year for each year or portion of a year remaining in the respective license period, and the renewal fee for each salesperson’s license shall be eighty-five dollars ($85) per year for each year of the license period. The original fee for each company license shall be eighty-five dollars ($85) per year for each year or portion of a year remaining in the respective license period, and the renewal fee for each license shall be eighty-five dollars ($85) per year for each year of the license period.
(d)(1) The renewal research and education fee shall be two dollars and fifty cents ($2.50) per year for each year of the license period and shall be paid at the time of license renewal by all brokers and salespersons in addition to the license renewal fees set out in this section. Collection of this fee shall apply to all broker and salesperson renewals, except that brokers who hold more than one broker’s license shall pay the fee for only one license at each renewal.
(2) Beginning June 1, 2014, this fee shall be seven dollars and fifty cents ($7.50), and the proceeds shall be distributed to the Alabama Center for Real Estate.
(e) The original research and education fee shall be thirty dollars ($30) and shall be paid at the time of all applications received on and after October 15, 1995, for issuance of an original broker’s license, and shall be paid at the time of all applications received on and after October 15, 1995, for issuance of a temporary salesperson’s license. The original research and education fee shall also be paid by reciprocal salespersons. This is in addition to the original license fees set out in this section. This thirty dollar ($30) original research and education fee is a one-time fee which no person shall be required to pay more than once.
(f) The license of a salesperson who is subsequently issued a broker’s license automatically terminates upon the issuance of his or her broker’s license certificate. The salesperson’s license certificate shall be returned to the commission in order for a broker’s license to be issued. No refund shall be made of any fee or Recovery Fund deposit pertaining to the salesperson’s, broker’s, or company’s license.
(g) The commission shall prescribe a license renewal form, which shall accompany renewal fees which shall be filed on or before August 31 of the final year of each license period in order for the respective license to be renewed on a timely basis for the following license period. If any of the foregoing are filed during the period from September 1 through September 30 of the final year of a license period, the one hundred fifty dollar ($150) penalty set out below shall be paid in addition to the renewal fees. Failure to meet this September 30 deadline shall result in the license being placed on inactive status on the following October 1, and the license shall be subject to all reactivation requirements. Reactivations shall be processed in the order received as evidenced by postmark or delivery date. Certified or registered mail may be used for reactivation in these cases. Licensees filing during the period from September 1 of the final year of a license period through September 30 of the initial year of a license period shall pay the required license fee, plus a penalty of one hundred fifty dollars ($150).
(h) The renewal form shall be mailed by the commission to the licensee’s place of business, if an active licensee, or to his or her residence, if an inactive licensee, prior to August 1 of the final year of each license period. Each licensee shall notify the commission in writing of any change in his or her business or residence address within 30 days of the change.
(i) Every license shall expire at midnight on September 30 of the final year of each license period. An expired license may be renewed during the 12-month period following the license period for which the license was current. A licensee who fails to renew before the end of the 12-month period following the license period for which the license was issued has a lapsed license, and shall be subject to all requirements applicable to persons who have never been licensed, however, the commission may upon determination of hardship, allow later renewal upon payment of all fees and penalties. An inactive license must be renewed in the same manner as an active license.
(j)(1) Each applicant for renewal of an active salesperson or broker license issued by the commission shall, on or before September 30 of the final year of each license period, submit proof of completion of not less than 15 clock hours of approved continuing education course work to the commission, in addition to any other requirements for renewal. Failure to meet this deadline shall result in the license being placed on inactive status on the following October 1, and the license shall be subject to all reactivation requirements. Reactivations shall be processed in the order received as evidenced by postmark or delivery date. Certified or registered mail may be used for reactivation in this case. Proof of attendance at the course work, whether or not the applicant attained a passing grade in the course, shall be sufficient to satisfy requirements for renewal. The 15 clock hours’ course work requirement shall apply to each two-year license renewal, and hours in excess of 15 shall not be cumulated or credited for the purpose of subsequent license renewals. The commission shall develop standards for approval of courses, and shall require certification of the course work of the applicant.
Time served as a member of the state Legislature during each license renewal period shall be deemed the equivalent of the 15 hours course work and shall satisfy the requirements of this subsection.
(2) This section shall apply to renewals of licenses which expire after September 30, 1986. An applicant for first renewal who has been licensed for not more than one year shall not be required to comply with this section for the first renewal of the applicant’s license. Any licensee reaching the age of 65 on or before September 30, 2000, and having been licensed 10 years prior to that date shall be exempt from this section.
(3) Continuing education shall not result in a passing or failing grade.
(k) A licensee may request that the commission issue his or her license to inactive status. Inactive licenses shall be held at the commission office until activated. No act for which a license is required shall be performed under an inactive license.
(Acts 1951, No. 422, p. 745, §10; Acts 1963, No. 290, p. 734, §8; Acts 1967, No. 386, p. 973, §1; Acts 1971, No. 2485, p. 3966, §10; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1979, No. 79-690, p. 1221, §1; Acts 1982, No. 82-231, p. 292, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1986, No. 86-298, p. 427, § 1; Acts 1986, No. 86-418, p. 624, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §4; Acts 1992, No. 92-177, p. 305, §3; Acts 1995, No. 95-679, p. 1483, §1; Acts 1996, No. 96-791, p. 1471, §1; Act 99-518, p. 1140, §1; Act 2001-310, p. 391, §1; Act 2003-298, p. 701, §1; Act 2005-314, 1st Sp. Sess., p. 646, §1; Act 2014-443, p. 1655, §1.)
[Repealed]
Repealed by Act 2003-298, p. 701, § 2, effective June 18, 2003.
(Acts 1992, No. 92-602, p. 1250, §§1, 2; Acts 1996, No. 96-791, p. 1471, §1; Act 99-425, p. 757, §1; Act 2001-310, p. 391, §1.)
(a)(1) The commission or its staff, on its own or on the verified complaint in writing of any person, may investigate the actions and records of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and the production of records and documents during an investigation. If probable cause is found, a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
(2) In each instance in which a licensee is found in violation of any of the conduct prohibited in subsection (b), the commission may impose any of the following penalties:
a. A fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).
b. Require the licensee to complete an approved education course or courses in addition to completing the existing continuing education requirements.
c. Issue a public reprimand.
d. Revoke or suspend any or all licenses held under this chapter by the licensee. The suspension may continue until such time as the licensee has completed an approved continuing education course, has made restitution to accounts containing funds to be held for other parties, or both. The commission may also stay the revocation or suspension of a license and require completion of an approved education course, require the making of restitution to accounts containing funds to be held for other parties, or both.
(b) A licensee is prohibited from doing all of the following:
(1) Procuring or attempting to procure a license for himself or herself or another by fraud, misrepresentation, or deceit, or by making a material misstatement of fact in an application for a license.
(2) Engaging in misrepresentation or dishonest or fraudulent acts when selling, buying, trading, or renting real property of his or her own or of a spouse, child, or parent.
(3) Making a material misrepresentation or failing to disclose to a potential purchaser or lessee any latent structural defect or any other defect known to the licensee. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a reasonable and prudent person in making a decision to purchase or lease.
(4) Making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement.
(5) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salespersons or any medium of advertising or otherwise.
(6) Publishing or causing to be published any advertisement that deceives or that is likely to deceive the public, or that in any manner tends to create a misleading impression.
(7) Acting for more than one party in a transaction without the knowledge and written consent of all parties for whom he or she acts.
(8)a. Failing, within a reasonable time, to properly account for or remit money coming into his or her possession which belongs to others, or commingling money belonging to others with his or her own funds.
b. Failing to deposit and account for at all times all funds belonging to, or being held for others, in a separate federally insured account or accounts in a financial institution located in Alabama.
c. Failing to keep for at least three years a complete record of funds belonging to others showing to whom the money belongs, date deposited, date of withdrawal, and other pertinent information.
(9) Placing a sign on any property offering it for sale, lease, or rent without the consent of the owner.
(10) Failing to voluntarily furnish a copy of each listing, contract, lease, and other document to each party executing the document with reasonable promptness.
(11) Paying any profit, compensation, commission, or fee to, or dividing any profit, compensation, commission, or fee with, anyone other than a licensee or multiple listing service. This subdivision shall not prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation or limited liability company or limited liability corporation, for the purpose of receiving payments contemplated in this subsection. The business organization shall not be required to be licensed under this chapter, and shall not engage in any other activity requiring a real estate license.
(12) Paying or receiving any rebate from any person in a real estate transaction.
(13) Inducing any party to a contract to breach the contract for the purpose of substituting a new contract where the substitution is motivated by the personal gain of the licensee.
(14) If the licensee is a salesperson or associate broker, accepting a commission or other valuable consideration for performing any act for which a license is required from any person or company except his or her qualifying broker.
(15) If the licensee is a qualifying broker or company, allowing a salesperson or associate broker licensed under him or her to advertise himself or herself as a real estate agent without the name or trade name of the qualifying broker or company appearing prominently on the advertising; or if the licensee is a salesperson or associate broker, advertising himself or herself as a real estate agent without the name or trade name of the qualifying broker or company under whom the salesperson or associate broker is licensed appearing prominently on the advertising. For purposes of this subdivision, “prominently” means using a font size that is equal to or larger than any other name, text, or logo, other than terms like “for sale” or “for lease,” in the advertisement and situated and sized for the purpose of gaining the attention of consumers viewing the advertisement.
(16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter.
(17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell.
(18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission.
(19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission.
(20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate.
(21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs.
(22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude.
b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business.
(23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate.
(24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal.
(25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness.
(26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license.
(27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative.
(28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed.
(29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession.
(30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years.
(c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any rule or order of the commission, the commission, through the Attorney General, may institute legal actions to enjoin the act or practice and to enforce compliance with Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an action, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation.
(d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue.
(2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue.
(e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint.
(f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint.
(g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.
(Acts 1951, No. 422, p. 745, §12; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §12; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, §1; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1996, No. 96-791, p. 1471, §1; Act 2003-298, p. 701, §1; Act 2005-314, 1st Sp. Sess., p. 646, §1; Act 2006-601, p. 1647, §1; Act 2009-617, p. 1781, §1; Act 2025-380, §1.)
(a) An action against an accused shall begin by serving the accused either personally or by certified mail with a copy of the formal complaint against him or her. The accused shall be given at least 15 days’ notice of the time, date, and place of hearing. If the commission refuses to license an applicant, notice of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery of the notice, file a request for a hearing. The applicant or accused shall have an opportunity to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold the hearing in the county in which the applicant or accused resides, maintains his or her principal place of business, or any other county in which the commission has scheduled a meeting. At hearings, all witnesses shall be sworn by a member of the commission, the executive director, the assistant executive director, or a hearing officer. The commission shall render a written order within 30 days from the final date of hearing. If the matter alleged in the complaint is the subject of an action pending in any court, the commission may withhold rendering or implementing its order pending disposition of the court action.
(b) The commission may issue subpoenas for the attendance of witnesses and the production of records and documents, either at the instance of the commission or the accused. The process issued by the commission shall extend to all parts of the state, and such process shall be served by a person designated by the commission or by mailing the process by certified mail. A subpoenaed witness who appears in a proceeding before the commission shall receive fees, mileage, and expense allowances as authorized by the commission. All fees, mileage, and expense payments shall be taxed against the party or parties subpoenaing the witness.
(c) If in a proceeding before the commission, a subpoenaed witness fails or refuses to attend or refuses to testify or fails or refuses to produce subpoenaed documents or records, his or her attendance and testimony or the production of the documents and records shall be enforced by any circuit court of this state, in the same manner as the attendance and testimony of witnesses is enforced in civil cases.
(d) An accused, applicant, or other party to a case heard by the commission who is aggrieved by a final decision, may file an application for rehearing specifying grounds for relief within 30 days of receiving notice of the decision.
An application for rehearing does not modify the effective date of the decision and is appropriate only if the final decision is:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the commission;
(3) In violation of a commission rule;
(4) Made upon unlawful procedure;
(5) Affected by other error of law;
(6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(7) Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
Within 30 days from the filing of the application for rehearing the commission shall set a hearing date on the application, or shall enter an order without a hearing, or shall grant or deny the application. If the applicant is granted a rehearing, the commission will schedule a rehearing as soon as practicable. If the commission does not enter an order within 30 days from the filing of the application for rehearing, the application shall be deemed to be denied.
(Acts 1951, No. 422, p. 745, §13; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §13; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Act 2005-314, 1st Sp. Sess., p. 646, §1.)
(a) Findings of the commission are final unless within 30 days after the date of the commission’s final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant’s bond.
(b) An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal.
(c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the circuit clerk. A complaint setting forth with particularity the issues raised on appeal shall be filed with the court and served on the commission by the appealing party within 30 days after the notice of appeal is filed. Thereafter the action shall be conducted in accordance with the Alabama Rules of Civil Procedure.
(d) The appeal shall be conducted by the court without a jury and shall be confined to the record. The commission’s decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court shall affirm or reverse, in part or in whole, or modify the commission decision or remand the case to the commission for further proceedings.
If the commission decision is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the commission is not affirmed, the court shall tax the costs of appeal against the commission.
(Acts 1951, No. 422, p. 745, §14; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §14; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1.)
(a) A licensee who acts as a member of a team, or holds himself or herself or to be a member of a team, shall be subject to this section.
(b) The leader of any team shall be designated as team leader with the qualifying broker. The qualifying broker may not delegate to the team leader the responsibilities and duties of the qualifying broker. The team leader shall maintain a list of the members of the team and provide the list to the qualifying broker.
(c) A team does not require licensure or registration with the commission as a separate business organization.
(d) No person shall be a member of more than one team.
(e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following:
(1) Include the name of at least one of the team members in the advertisement.
(2) Include the name of the company with whom the licensee is licensed in the advertisement.
(3) Include the term “team” or “group” in the team name.
(4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.
(Act 2025-380, §2.)
For the purposes of this article, the following terms shall have the meaning respectively ascribed to them by this section:
(1) ACCOMMODATIONS. Any hotel or motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private or commercial structure designed for occupancy by one or more individuals or any recreational vehicle campsite or campground.
(2) BUSINESS ENTITY. Any individual, corporation, firm, association, joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other group or combination which engages in acts or practices in any trade or commerce.
(3) CONTRACT. Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement, license, security, or other muniment conferring on the purchaser the rights, benefits, and obligations of a vacation time-sharing plan.
(4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate Commission.
(6) FACILITIES. Any structure, service, or property whether improved or unimproved made available to the purchaser for recreational, social, family, or personal use.
(7) SELLER. Any owner of a vacation time-sharing plan or any business entity, including but not limited to an agent, dealer, distributor, franchiser, subsidiary, assignee, reseller, broker, or any other representative thereof who, for a fee, commission, or other valuable consideration, negotiates or attempts to negotiate the listing, sale, auction, purchase, exchange, or lease of any real estate or the improvements thereon or collects rents or attempts to collect rents, or who advertises or holds himself or herself out as engaged in any of the foregoing activities. Provided however, that the provisions of this article shall not be applicable to:
a. The resale of a vacation time-sharing unit week by the owner of such unit week, when the seller owns no more than four such unit weeks within the respective vacation time-sharing plan. Provided however, that the contract for such resale shall meet all the requirements of a contract for the initial sale of a vacation time-sharing interest, including the nonwaivable right of the purchaser to cancel the contract within the specified five-day period.
b. Agencies and instrumentalities of the state or federal government nor to employees of any lender or public officials making appraisals for federal, state or local units of government, nor to anyone making appraisals through such employees for lending or governmental purposes; and provided further, that the sales licensure provisions of this article shall not be applicable to the sale or leasing of real estate by anyone who owns a fee simple interest of at least 10 percent therein, or to the attorney-at-law of such owner acting within the scope of his duties as an attorney-at-law. Ownership of stock in a corporation is not ownership of an interest in real estate owned by the corporation and does not exempt such stockholder from any provision of this article unless the stockholder owns or controls at least 10 percent of the stock of the corporation. This provision exempts owners from only the sales licensure requirements of this article. All other requirements of sellers under this article shall apply to owners of vacation time-sharing plans.
(8) VACATION TIME-SHARING OWNERSHIP PLAN. Any arrangement, plan, or similar device, whether by tenancy in common, sale, deed, or by other means, which is subject to supplemental agreement or contract for use of the time-sharing unit, whereby the purchaser receives an undivided fee simple ownership interest in and the right to use accommodations or facilities, or both, for a specific period of time during any given year, but not necessarily for consecutive years, which extends for a period of more than one year.
(9) VACATION TIME-SHARING LEASE PLAN. Any arrangement, plan, or similar device, whether by membership agreement, lease, rental agreement, license, use agreement, security, or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, but does not receive an undivided fee simple interest in the property, for a specific period of time during any given year, but not necessarily for consecutive years, and which extends for a period of more than one year. Such lease plans shall not include an arrangement or agreement whereby a purchaser in exchange for an advance fee and yearly dues is entitled to select from a designated list of facilities located in more than one state accommodations, of companies which operate in at least nine states in the United States through franchises or ownership, for a specified time period and at reduced rates and under which no interest in real property is transferred.
(10) VACATION TIME-SHARING PLAN. Either a vacation time-sharing ownership plan or a vacation time-sharing lease plan as defined herein.
(11) TIME-SHARING UNIT. The actual accommodations and related facilities which are the subject of the vacation time-sharing ownership plan or lease plan.
(12) SUBSTANTIALLY COMPLETE. All structural components and mechanical systems of all buildings containing or comprising any time-sharing unit, facilities, or accommodations are finished in accordance with the plans or specifications of the project as evidenced by a recorded certificate of completion executed by an independent registered surveyor, architect, or engineer.
(13) UNIT WEEK OR INTERVAL. A number of consecutive days, normally seven consecutive days in duration, which may reasonably be assigned to purchasers of vacation time-sharing plans by the sellers.
(14) RECEIVABLE. Any note, contract, promise, or any other agreement to pay a fixed or determinable amount of money which, for the purposes of this article, shall not be in arrears for more than 90 days.
(15) ESCROW AGENT. A federally insured financial institution doing business in this state or a bonded trust agent bonded in at least the amount of the trust; provided, however, that nothing contained in this article shall operate to prevent investment of funds escrowed pursuant to this article by the bank, trust company, or bonded agent and to pay all interest and dividends to the seller of vacation time-sharing plans.
(16) ESCROW ACCOUNT. Any funds held or maintained by an escrow agent.
(17) VACATION TIME-SHARING SALES LICENSE. A license issued by the commission authorizing individuals to act as sellers of vacation time-sharing plans.
(18) LICENSEE. A person having a vacation time-sharing sales license.
(19) EXCHANGE COMPANY. Any person or business entity owning and/or operating an exchange program.
(20) EXCHANGE PROGRAM. Any arrangement allowing owners to exchange occupancy rights with persons owning other timeshares; provided, however, that an exchange program shall not exist if all of the occupancy rights which may be exchanged are in the same time-share property.
(21) MANAGING AGENT. Any person engaged by the owners association to manage the time-share plan and the time-share property.
(22) QUALIFYING BROKER. A person who is licensed by the commission as a real estate broker as well as a seller of vacation time-sharing plans and who serves in a supervisory capacity to all other licensees acting in the name of the vacation time-sharing plan which the qualifying broker represents.
(23) TIME-SHARING PROJECT. All the real property contained as part of a vacation time-sharing plan.
(Acts 1983, No. 83-670, p. 1035, §1; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1.)
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless the vacation time-sharing plan and the units thereby affected have first been registered with the commission. Provided, however, that the registration requirements of this article shall not apply to nor restrict the listing and resale of any vacation time-sharing plan when:
a. The vacation time-sharing plan to be resold is within an existing time-sharing facility currently registered with the commission pursuant to the requirements of this article; and
b. The vacation time-sharing plan to be resold is subject to the identical rules, regulations, conditions, or limitations on the use of the accommodations or facilities which affect all other vacation time-sharing plans within that time-sharing facility.
(2) Fail to provide, at the time of registration, to the commission the following materials, or fail to provide any amendments or changes therein made while sales continue:
a. A copy of the contract by which the rights and obligations of the parties are established.
b. Copies of promotional brochures, pamphlets, advertisements, or other material disseminated to the public in connection with the sale of the vacation time-sharing plan and verbatim scripts of all radio and television advertising in connection therewith.
c. A statement of the name and type of business entity through which the business of selling vacation time-sharing plans is carried out, including a list of the names and addresses of all of its directors, principal officers, and/or partners, as well as the names and addresses of any sales personnel soliciting in or from the State of Alabama, and the name and address of the business agent for service of process within the State of Alabama.
d. Copies of all rules, regulations, conditions, or limitations on use of the accommodations or facilities available pursuant to the vacation time-sharing plan.
e. Copies of all liens, mortgages, or other encumbrances on the accommodations or facilities which could affect the rights of the purchaser or his or her assignee, together with the location, date, and filing books and page number where such documents are recorded.
f. A synopsis of any sales presentation made or to be made by the seller to the purchaser over the telephone or other electronic device.
g. A projected budget of all recurring expenses which may become the responsibility of time-sharing purchasers.
h. A copy of the public offering statement to be provided to each prospective purchaser.
i. Evidence that the time-sharing plan owner or his agent shall furnish a surety bond payable to the State of Alabama in the amount of $100,000 with a surety company authorized to do business in Alabama, which bond shall provide that the obligor therein shall pay up to $100,000 the aggregate sum of all judgments which may be recovered against the vacation time-sharing plan owner or seller for any actual loss or damage arising against such vacation time-sharing plan owner or seller from the activities of the time-sharing plan owner or seller, or their agents or representatives, related to the time-sharing plan. Such bond must remain in effect for as long as the time-sharing plan shall be registered. In the event such bond is revoked by the surety company, the time-sharing owner shall have 10 days in which to obtain a new bond and file such with the commission. The lack of a bond shall be grounds for the suspension of the registration of the time-sharing plan.
Upon receipt of all items required by this section, the commission shall determine the sufficiency thereof and upon satisfactory compliance with this article, shall issue its order approving their use. The vacation time-sharing plan shall then be deemed registered. Promotional or advertising material developed after the initial registration of a time-sharing plan may be used without prior approval of the commission provided that such material is in compliance with this article and further provided that it is submitted to the commission within 10 days after its initial public use.
(3) Fail to include in all advertising of any vacation time-sharing plan a statement which clearly states that the seller is offering a time-sharing interest.
(4) Fail to include in all advertising of any vacation time-sharing plan which offers a time-sharing interest of less than fee simple a statement which clearly states that the interest being offered is less than a fee simple ownership interest.
(5) Effective October 1, 1985, fail to provide each prospective purchaser a public offering statement in such form and under such terms as shall be required by commission rules and regulations.
(Acts 1983, No. 83-670, p. 1035, §2; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1.)
It shall be a violation of this article for any owner or business entity offering vacation time-sharing plans for sale to the public to fail to keep among its business records the following:
(1) A copy of each item required to be submitted to the commission under Section 34-27-51.
(2) A copy of the contract from each sale of the vacation time-sharing plan, which contract shall be retained for a period of at least three years after parties to the vacation time-sharing plan have completely performed all of their obligations thereunder.
(3) A list of all employees and independent contractors involved in the development, sale, or advertising of the vacation time-sharing plan or plans, including their last known mailing addresses, which list shall include all current employees and all previous employees whose employment has been terminated within the preceding 36 months.
(Acts 1983, No. 83-670, p. 1035, §3; Acts 1985, No. 85-750, p. 1204, §1.)
It shall be a violation of this article for the seller of a vacation time-sharing plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining to such sale at the time of its execution which shall include:
(1) The actual date the contract is signed by all parties.
(2) The name and address of the seller.
(3) In immediate proximity to the space reserved in the contract for the signature of the buyer and in no smaller type than contained in the body of the contract:
a. In the case of a vacation time-sharing lease plan, the following statement:
“You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date. You may also cancel this contract at any time in case the accommodations or facilities are no longer available as provided in the contract. If you decide to cancel, you must notify the seller in writing of your intent to cancel by sending notice to (name of seller) by certified mail, return receipt requested at (seller’s address).”
b. In the case of a vacation time-sharing ownership plan, the following statement:
“You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date, by notifying the seller in writing of your intent to cancel, sending his notice thereof by certified mail, return receipt requested.”
c. It shall be a violation of this article for the seller of a vacation time-sharing ownership plan to fail to furnish the buyer with an inventory of all furniture, fixtures and appliances which will be located in the accommodation during the time period purchased under a vacation time-sharing ownership plan or at closing.
(Acts 1983, No. 83-670, p. 1035, §4.)
It shall be a violation of this article for the seller of vacation time-sharing plans, or his or her assignees, to fail or refuse to honor a buyer’s request to cancel a contract as provided by Section 34-27-53 if such request is made; provided however, nothing contained in this section shall operate to deny the seller the option to repair, replace, or reconstruct within a reasonable time the accommodations or facilities if destroyed or damaged; provided that such repair, replacement, or reconstruction shall bring such accommodations or facilities back to a state reasonably the same as before the damage or destruction.
(Acts 1983, No. 83-670, p. 1035, §5.)
It shall be a violation of this article for a seller of vacation time-sharing plans to:
(1) Fail to refund any and all payments made by the buyer under the contract and return any negotiable instrument, other than checks, executed by the buyer in connection with the contract or services within 20 days after receipt of notice of cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits pursuant to the contract.
(2) If the buyer has received any benefits pursuant to the contract, fail to refund within 30 days after receipt of notification of cancellation made pursuant to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller which exceed a pro rata portion of the total price, taking into consideration the cost of use of the time-share facilities at an average rental rate per unit for all time-share units, representing the proportion of any contract benefits actually received by the buyer during the time preceding cancellation.
(3) Fail to place in an escrow account 100 percent of the funds received from the purchasers of such plans, where the seller of the time-sharing plan transfers an interest herein to the purchaser, which escrow account shall provide that:
a. Its purpose is to protect the buyer’s right to refund during the five day right to cancellation period provided in Section 34-27-53 or Section 34-27-54, and
b. Funds may be withdrawn by the seller upon transfer to the buyer after expiration of the respective cancellation period provided in such Sections 34-27-53 and 34-27-54.
(Acts 1983, No. 83-670, p. 1035, §6; Acts 1984, No. 84-259, p. 431, §1.)
It shall be a violation of this article for any seller of vacation time-sharing plans, or his or her assignees, to misrepresent in any manner the buyer’s right to cancel provided by this article.
(Acts 1983, No. 83-670, p. 1035, §7.)
(a) It shall be a violation of this article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise transfer the seller’s interest in the vacation time-sharing plan or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners or lessees of the time-share units, unless:
(1) The third party agrees in writing to:
a. Fully honor the rights of purchasers of the vacation time-sharing plan to occupy and use the accommodations or facilities; and
b. Fully honor rights of purchasers of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund as provided in this article; and
c. Comply with the provisions of this article for as long as the third party continues to sell the vacation time-sharing plan, or for as long as purchasers of the vacation time-sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and
(2) The commission receives prior written notice of the intent to transfer the seller’s interest; and
(3) Written notice is given to each purchaser of a vacation time-sharing plan affected thereby, by certified mail within 30 days of the transfer.
(b) The commission shall reserve the right to demand such additional information regarding the transfer as is reasonably necessary to determine to what extent the rights of other owners of units or unit weeks within the subject time-sharing plan shall be affected and to determine whether the registration of the plan should continue, should be amended, or should be suspended or revoked.
(c) The provisions of this section shall not be construed to apply to the sale of a single unit or to prevent the seller’s right to sell, discount, or hypothecate for value receivables in favor of any bank, mortgage company, or other lending institution and such transactions shall be exempt from the requirements of the section.
(Acts 1983, No. 83-670, p. 1035, §8; Acts 1985, No. 85-750, p. 1204, §1.)
(a) It shall be a violation of this article for a seller of vacation time-sharing lease plans to fail to:
(1) Place in escrow 50 percent of the cash and receivables received from the purchasers of such plans, such receivables to be assessed at net principal value.
a. The purpose of such escrow account is to protect the purchaser’s right to a refund if at any time the accommodations and facilities are no longer available as provided in the contract; provided however, nothing contained in this section shall operate to deny the seller the option to repair, replace, or reconstruct, within a reasonable time, the accommodations or facilities, if destroyed or damaged.
b. The purchaser shall be entitled to a refund from the escrow account upon the conditions described above in an amount which represents the buyer’s pro rata share of the moneys therein.
c. Funds may be withdrawn by the seller from the escrow account in the ratio of the amount of remaining time available for use by the purchaser of the vacation time-sharing lease plan in relation to the total time available to the purchaser at the time of purchase.
d. The escrow agent shall release or dispense funds from the escrow account to the seller of a vacation time-sharing lease plan only upon receipt of a sworn statement from the seller that the accommodations and facilities have been available for use by the purchaser according to the terms of the purchaser’s contract.
(2) In lieu of the escrow account provided in subdivision (1), a seller of vacation time-sharing lease plans may:
a. Assign to an escrow agent receivables, the income from which shall be adequate to pay all liens or encumbrances secured by the time-sharing facilities or accommodations.
Should net income from such escrowed receivables be insufficient to pay all liens or encumbrances as aforesaid, the escrow agent shall so notify the seller in writing, and the seller shall within 15 days after notice pay unto the escrow agent the amount of such deficit.
b. Sell, hypothecate, or discount receivables, the proceeds from which shall be deposited with an escrow agent and administered in the manner prescribed by paragraph (2)a. of subsection (a) of this section.
(3) Provide the purchaser with liability and property insurance at the seller’s expense for the accommodations and facilities to be used by the vacation time-sharing lease plan purchaser in an amount equal to the replacement cost of such accommodations and facilities, or the maximum amount of insurance available on the accommodations and facilities, according to generally accepted underwriting principles for similar properties in the same area, and to deposit with an escrow agent, annually, sufficient funds for the payment of all insurance premiums, taxes, and assessments levied against the accommodations and facilities; or, in the alternative, provide for the assessment against the purchaser by an association or duly appointed agent for the owners of such escrow funds for all costs including insurance premiums, taxes, assessments, maintenance repairs, and management fees.
(4) Provide the purchaser with an instrument, in recordable form, which provides notice to all subsequent creditors of the seller of the existence of the vacation time-sharing plan rights of the purchaser. Such instrument shall be provided to the purchaser by the seller at the time of signing of the contract. When recorded, such instrument shall serve to protect the purchaser’s interest in the seller’s accommodations from any claims by subsequent creditors of the seller.
(5) Provide a document which explains the content, purpose, and protection afforded to the purchaser by the documents described in subdivision (4) along with the procedure necessary to follow in order to secure to the purchaser the rights and protections which such documents provide.
(b) It shall be a violation of this article for a seller of vacation time-sharing ownership plans to fail to:
(1) Deposit with an escrow agent no less than 50 percent of the cash and receivables received from the purchasers of such plans, such receivables to be assessed at net principal value.
a. The purpose of the escrow account required hereunder is to protect the purchaser’s ownership interest in the accommodations or facilities and to provide funds from which periodic payments can be made to retire any outstanding indebtedness on the time-sharing facilities or accommodations.
b. The escrow agent shall release or dispense to the seller of the vacation time-sharing ownership plan funds from the escrow account, at least quarterly but not more frequently than monthly, in an amount which shall not exceed 100 percent of the sum of all accrued indebtedness secured by the time-sharing accommodations or facilities which funds shall be used by the seller solely for the retirement of that indebtedness.
c. Prior to the release or dispensing of such escrow funds, the seller shall furnish the escrow agent with a sworn statement which reveals by category the total amount of all liens or indebtedness secured by the time-sharing accommodations or facilities, the amount of indebtedness anticipated during the next succeeding reporting period, and the amount of any deficit or surplus accruing from the preceding reporting period.
(2) In lieu of the escrow account provided in subdivision (1) of this subsection (b), a seller of vacation time-sharing ownership plans may alternatively:
a. Assign to an escrow agent receivables, the income from which shall be adequate to pay all liens or encumbrances secured by the time-sharing facilities and accommodations.
Should net income from such escrowed receivables be insufficient to pay all recurring debts as aforesaid, the escrow agent shall so notify the seller in writing and the seller shall within 15 days after notice pay into the escrow account the amount of such deficit.
b. Sell, hypothecate, or discount receivables, the proceeds from which shall be deposited with an escrow agent and administered in the manner prescribed by paragraph (2)a. of this subsection (b).
(3) Provide the purchaser with liability and casualty insurance at the seller’s expense for the accommodations and facilities to be used by the vacation time-sharing lease plan purchaser in an amount equal to the replacement cost of such accommodations and facilities, or the maximum amount of insurance available on the accommodations and facilities, according to generally accepted underwriting principles for similar properties in the same area, and to deposit with an escrow agent, annually, sufficient funds for the payment of all insurance premiums, taxes, and assessments levied against the accommodations and facilities. In the alternative, provide for the assessment against the purchaser by an association or duly appointed agent for the owners of such escrow funds for all costs including insurance premiums, taxes, assessments, maintenance, repairs, and management fees.
(c) Any escrow account kept pursuant to this section may be discontinued when all liens or encumbrances on the subject of time-sharing accommodations and facilities have been fully discharged. When the value of the escrow account equals the sum of all mortgages, liens, and indebtedness on the project secured by project property, the seller may reduce his or her payments into the escrow account to monthly amounts which will maintain the value of the escrow account at an amount equal to the total obligation represented by all mortgages, liens, and indebtedness.
(d) The commission may at its discretion waive the requirement for a time-share plan to maintain an escrow account pursuant to this section upon proof satisfactory to the commission that the unit weeks being sold or leased through the respective time-sharing plan are being released from all liens or encumbrances at, or prior to, the time of the sale or lease.
(Acts 1983, No. 83-670, p. 1035, §9; Acts 1985, No. 85-750, p. 1204, §1.)
It shall be a violation of this section for any seller of vacation time-sharing plans to fail to fully disclose in the contract in boldface type of a size no smaller than any other type used in the body of the contract to purchaser:
(1) The total financial obligation of the purchaser, which shall include the initial purchase price and any additional charges to which the purchaser may be subject.
(2) Any individual or business entity which has or may have the right to alter, amend, or add to charges to which the purchaser may be subject and the terms and conditions under which such charges may be imposed.
(3) The nature and duration of each agreement between the business offering the vacation time-sharing plans for sale and the individual or business entity managing the accommodations or other facilities.
(4) In immediate proximity to the space reserved in the contract for the signature of the buyer and in boldface type of the same size as required by subdivision (3) of Section 34-27-53 a statement as follows:
“No purchaser should rely upon representations other than those included in the contract.”
However, inclusion of this statement shall not impair the purchaser’s right to bring any legal action based upon any cause of action arising from oral statements.
(5) The date of availability of each amenity of the offered accommodations and facilities when they are not completed at the time of sale of such plan.
(6) The specific term of the contract.
(Acts 1983, No. 83-670, p. 1035, §10.)
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.
(Acts 1983, No. 83-670, p. 1035, §11; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1.)
The commission may upon its own motion, or upon the verified complaint in writing of any person, hold a hearing regarding an alleged violation by any person or business entity of this article. Any person found guilty of having violated any provision of this article or any rule, regulation, or order of the commission shall be subject to the refusal of a license, if not licensed; or, if licensed, to the suspension or revocation of such license and/or a monetary penalty of not less than $25 nor more than $1,000.
Such hearing shall be held in a manner prescribed by the Alabama Real Estate License Law and the rules and regulations of the Alabama Real Estate Commission. The reinstatement of a license suspended or revoked as a result of a violation under this article may be made conditional upon the fulfillment of such reasonable conditions as are imposed by the commission.
The penalties and procedures outlined in this section shall not be construed to supersede or conflict with penalties and procedures outlined in other sections of this article.
Provided, that a deficiency in an escrow account required by this article, which results solely from the cancellation or worthlessness of receivables previously placed in escrow, shall not be considered a violation of this article. In the event of an escrow deficiency, a lender who has advanced funds to a project shall have no liability to contribute funds to the escrow to cure the deficiency, and the lender’s lien on the property shall not be affected by the deficiency.
(Acts 1983, No. 83-670, p. 1035, §12; Acts 1985, No. 85-750, p. 1204, §1.)
(a) The Alabama Real Estate Commission shall be responsible for the enforcement and implementation of this article, and the Attorney General of the State of Alabama, or the district attorney of any county of the State of Alabama upon request by the commission, shall assist the commission in the enforcement of this article and the prosecution of violations hereunder. The provisions of this article shall not be construed to limit in any manner the right of any party to bring a private action to enforce the provisions of this article. In addition to the administrative enforcement of this article by the commission, the following shall be Class A misdemeanors triable in the courts of Alabama:
(1) It shall be a Class A misdemeanor for any person, natural or legal, while within the borders of the State of Alabama, to participate in the sale or attempted sale of any time-share plan unless licensed to do so by the commission or exempted from such licensure by the laws of the State of Alabama or the United States, regardless of whether the vacation time-sharing plan is itself located within the State of Alabama.
(2) It shall be a Class A misdemeanor for any person, natural or legal, to or attempt to, sell, lease, or otherwise market any interest in any vacation time-sharing plan not registered with the commission as a vacation time-sharing plan or exempted from such registration by the laws of the State of Alabama or the United States, regardless of whether the vacation time-sharing plan is itself located within the State of Alabama.
(b) Any time-sharing sale made in Alabama between a time-share purchaser and a seller for the purchase or lease of a time-share week or weeks in a vacation time-share plan which is not registered with the commission, or whose registration is under suspension, or which is under an order from the commission to cease and desist from sales, shall be voidable by the purchaser. An action to void such a transaction must be brought by the purchaser within three years of the date of the making of the lease or sales agreement. In any such action, the prevailing party may be awarded reasonable attorney fees as determined by the court.
(Acts 1983, No. 83-670, p. 1035, §13; Acts 1985, No. 85-750, p. 1204, §1.)
If a seller files with the commission any vacation time-sharing plan or any amendment thereto which describes or concerns time-sharing units, accommodations, or facilities not substantially completed, the seller shall file with the commission the following:
(1) A notarized statement showing all costs involved in completing each phase of the project.
(2) A notarized statement of the time of completion of construction of each phase of the project.
(3) Satisfactory evidence of sufficient funds to cover all costs to complete the project.
(4) A copy of the executed construction contract and any other contracts for the completion of the project.
(5) A 100 percent payment performance bond payable to the State of Alabama from a surety company authorized to do business in Alabama, covering the entire cost of construction necessary to complete the project.
(6) If purchasers’ funds are to be used in the construction of the project, an executed copy of the escrow agreement with an escrow company or financial institution authorized to do business with the state, which provides that:
a. Disbursements of purchasers’ funds may be made from time to time to pay for construction of the project; architectural, engineering, finance, and legal fees; and other costs for the completion of the project in proportion to the value of the work completed by the contractor as certified by a registered surveyor, architect, or engineer on bills submitted and approved by the lender of construction funds or the escrow agent;
b. Disbursements of the balance of purchasers’ funds remaining after completion of the project may be made only after either the escrow agent or lender receives satisfactory evidence that the period for filing mechanics’ and materialmen’s liens has expired, or the right to claim those liens has been waived or other adequate provision has been made for satisfaction of any claimed mechanics’ or materialmen’s lien; and
c. Any other restrictions relative to the retention and disbursement of purchasers’ funds required under the rules of the commission have been met; and
d. Any other materials or information required under the rules of the commission have been provided.
(7) The commission shall not register or issue any order approving any vacation time-sharing plan unless the commission determines, on the basis of materials submitted by the developer, that the time-sharing units, accommodations, or facilities or any additions thereto will be completed.
(Acts 1983, No. 83-670, p. 1035, §14; Acts 1985, No. 85-750, p. 1204, §1.)
(a) For the registration of all vacation time-sharing plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee of seven hundred fifty dollars ($750). In addition to submitting an annual renewal fee, each time-sharing plan must submit an audited annual financial statement of the entity or person in whose name the plan is registered done by a certified public accountant and such other materials as the commission shall require for an annual registration renewal. For amendments or changes to each sales promotion including brochures, pamphlets, advertisements, or other materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51, there shall be paid a fee of twenty dollars ($20) at the time of submission to the commission for approval.
(b) For the registration of all vacation time-sharing plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee of seven hundred fifty dollars ($750). All books, files, accounts and other documents pertaining to the advertisement and sale of vacation time-sharing plans located outside the state shall be subject to examination by the commission and the business entity whose documentation is being examined shall pay a fee of five hundred dollars ($500) plus the actual expenses, including the cost of transportation, of the examiner representing the commission while he or she is absent from this office for purposes of conducting the examination. For amendments or changes to each sales promotion including brochures, pamphlets, advertisements, or other materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51, there shall be paid a fee of twenty dollars ($20) at the time of submission to the commission for approval.
(c) If the commission determines that the registration or operation of any vacation time-sharing plan violates the provisions of this article in such manner as indicates bad faith or dishonesty, the commission, after notice and hearing, may assess all reasonable costs of the investigation and prosecution of such violations.
(Acts 1983, No. 83-670, p. 1035, §15; Acts 1985, No. 85-750, p. 1204, §1; Act 2001-310, p. 391, §1.)
The proceeds from the sale or resale of any vacation time-sharing lease plan shall be exempt from the Transient Occupancy Tax imposed by Section 40-26-1.
(Acts 1983, No. 83-670, p. 1035, §16.)
(a) Any person desiring to act as a seller of vacation time-sharing plans shall file with the commission a written application upon such form as the commission shall designate and shall pass to the satisfaction of the commission the examination hereinafter prescribed.
(b) Prerequisites for taking the vacation time-sharing sales examination are as follows:
(1) Evidence satisfactory to the commission that the applicant bears a good reputation for honesty and truthfulness.
(2) The applicant should not have been convicted of any criminal offense involving moral turpitude or of any felony in this or any other state.
(3) The applicant shall be at least 19 years of age.
(4) The applicant 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, or shall possess a certification of lawful permanent residence issued by the United States government.
(c) The commission shall prepare and conduct an examination on the fundamentals of this article and related topics and shall schedule such examination at least quarterly. No applicant shall be entitled to examination unless all prerequisites enumerated above have been met as determined by the commission. The minimum passing grade shall be 70 percent.
(d) Every applicant shall pay the sum of seventy-five dollars ($75) for each examination taken. Should an applicant be scheduled and issued a permit for an examination and fail to appear, the entire amount of the examination fee shall be forfeited. Liability for forfeiture occurs at the time the examination permit is issued. The applicant shall be allowed up to 60 days after notice of passing the examination to either be designated as a qualifying broker or to secure a qualifying broker under whom to be licensed. In the alternative, the applicant may place his or her license on inactive status with the commission within the allotted 60-day period. Every applicant shall also pay a license fee of fifty dollars ($50) upon successful completion of the examination, provided he or she submits the license fee along with appropriate documentation to the commission within the allotted 60-day period. The 60-day period shall begin on the date which the results of the applicant’s examination are made available to the applicant. The results shall be mailed from the commission office, and the applicant shall be considered to have received such notification three days from the date of mailing. Should an applicant not become licensed within 60 days after receiving notification of his or her having passed the examination, he or she shall be required to again meet the requirements of an original applicant before becoming licensed, including the taking and passing of the examination. The commission may contract with any outside source to prepare and conduct vacation time-sharing sales examinations in its behalf and to pay for the reasonable cost thereof from the examination fees collected.
(e) Vacation time-sharing sales licenses are due to be renewed annually on or before August 31, on a form prescribed by the commission. September 30 shall be the annual expiration date for such licenses. Any license renewed after August 31 and prior to January 1 of the following year shall be subject to a penalty fee of fifteen dollars ($15) in addition to the annual license fee of fifty dollars ($50). On January 1 of the year following the expiration of a vacation time-sharing sales license, the license may no longer be renewed, and the former license holder shall be required to again meet the requirements of an original applicant before again becoming licensed, including the taking and passing of the license examination. Upon submission of a renewal request in such form as the commission shall prescribe and payment of a fifty dollar ($50) renewal fee, the commission shall issue the appropriate license.
(f) The qualifying broker for a vacation time-sharing plan shall meet all the general requirements for a time-sharing sales license and shall have a current, active real estate broker’s license issued under the Alabama Real Estate License Law as well as a time-sharing sales license. If the qualifying broker is not licensed on active status with a real estate company, he or she may place his or her real estate broker’s license on active status in the name of the time-sharing plan.
(g) Each qualifying broker shall supervise each seller licensed under him or her and insure that every seller licensed under him or her, as well as the vacation time-sharing plan for which he or she is the qualifying broker, complies with this chapter, and the broker shall be responsible to any injured party for actual damages caused to such party by any violation of this chapter by any vacation time-sharing plan or seller for whom he or she is acting as qualifying broker.
(h) There shall be a license transfer fee of fifty dollars ($50) for any of the following: A change of qualifying broker; a change of name or address of the vacation time-sharing plan; a change of name of a licensee; a change of employment by a licensee; or the activation of an inactive license.
(i) A representative of the vacation time-sharing plan authorized to do so may designate an office located off the site of the time-sharing project as a branch sales office of the vacation time-sharing plan provided that a qualifying broker is designated for each such branch sales office.
(j) A real estate company licensed by the commission may act as an agent for the purpose of reselling time-shares for persons who each own no more than four unit weeks of a given time-sharing plan provided that the contract for such resale shall meet all the requirements of a contract for the initial sale of a vacation time-sharing interest, including the nonwaivable right of the purchaser to cancel the contract within the specified five-day period; and further provided that the qualifying broker for such real estate company be licensed as a time-share seller by the commission and that any sales agent of the company who participates in the sale of time-shares be licensed by the commission as a time-share seller.
(k) No applicant to be a seller of vacation time-sharing plans shall be issued a license by the commission unless the applicant is designated as a qualifying broker by a representative of a vacation time-sharing plan or real estate company authorized to make such a designation, or unless the applicant is sponsored by a duly authorized qualifying broker who has signed a written statement accepting sponsorship of the applicant, or unless the applicant has his or her license issued on inactive status and maintained at the office of the commission.
(l) No vacation time-sharing licensee shall perform any of the acts authorized by such license until the license certificate is in his or her actual possession, if the licensee is a qualifying broker, or in the possession of his or her sponsoring broker, if the licensee is not a qualifying broker.
(m) A licensee may place his or her license on inactive status with the commission for a period of up to 24 consecutive months and may renew his or her license while it is on inactive status. No license which is on inactive status shall be reactivated without the commission receiving evidence that the licensee’s surety bond is in effect. Any license which has been on inactive status for longer than 24 consecutive months shall automatically expire as of the day following the 24-month period.
(n) Each licensee shall notify the commission of any change of address, business or residential, within 30 days of such change.
(Acts 1983, No. 83-670, p. 1035, §17; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1986, No. 86-375, p. 560, §1; Acts 1989, No. 89-284, p. 447, §3; Act 2008-141, p. 214, §3.)
Every vacation time-sharing plan for sale or offered for sale in this state shall be registered with the Alabama Real Estate Commission as follows:
(1) Upon receipt of an application for registration in the required form, the commission shall forthwith initiate an examination to determine that:
a. The seller may convey or cause to be conveyed the vacation time-sharing plan offered for sale if the purchaser complies with the terms of the offer.
b. The advertising material and general promotional plan are not false or misleading as determined by the commission.
c. The requirements of this article and the rules of the commission have been fulfilled.
d. The seller has not, or, if a corporation, its officers, directors, and principals have not been convicted of any crime involving land dispositions, any crime of moral turpitude, any securities law violation, fraudulent business activity, or any aspect of the vacation time-sharing business in this state, the United States, or any other state or foreign country within the 10 years immediately preceding the date of application, and has not been subject to any injunction or administrative order within the preceding 10 years involving any of the activities above.
(2) Upon receipt of the application for registration in required form, the commission shall issue a notice of filing to the applicant. If within 45 days from the date of the notice of filing, the commission affirmatively determines upon inquiry and examination that the requirements of this article have been met, the commission shall enter an order registering the vacation time-sharing plan or rejecting the registration. If no order of rejection is entered within 45 days from the date of notice of filing, the vacation time-sharing plan shall be deemed registered unless the applicant has consented in writing to a delay. No reasonable request for an extension of time by the commission shall be withheld; provided that if the commission determines upon inquiry and examination that any of the requirements of this article have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within 15 days. If the requirements are not met within the time allowed, the commission shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for 20 days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.
(Acts 1983, No. 83-670, p. 1035, §18; Acts 1985, No. 85-750, p. 1204, §1.)
(a) If it appears that a person, firm, corporation, or any business entity has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this article or rule or order of the commission, the commission, through the Attorney General, may institute legal actions to enjoin the act or practice and to enforce compliance with this article or any rule or order of the commission or to have a receiver or conservator appointed. To prevail in such action, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.
(b) The commission may:
(1) Make any public or private investigation which it deems necessary, either within or outside of this state, to determine whether any person has violated or is about to violate this article or any rule or order hereunder, or to aid in the enforcement of this article or in the prescribing of rules and forms hereunder.
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the commission may determine, as to all facts and circumstances concerning the matter to be investigated.
(3) For the purpose of any investigation or proceeding hereunder, the commission or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts of any other matter reasonably calculated to lead to the discovery of material evidence.
(4) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected hereby, the commission, through the Attorney General may apply to the circuit court for an order compelling compliance.
(5) Issue an order requiring the seller to cease and desist from any unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this article, if, after notice and hearing, the commission determines that a seller has violated any provisions of this article.
(6) Make findings of fact in writing that the public interest may be harmed by delay in issuing an order and in such case may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission, whenever possible by telephone or otherwise, shall give notice of the proposal to issue a cease and desist order to the seller. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent.
(7) Revoke or suspend the registration of a vacation time-sharing plan if, after notice and hearing, upon a written finding of fact, it determines that the seller or sellers in whose name the plan is registered, or any agent therefor, has:
a. Failed to comply with the terms of any order of the commission; or
b. Been convicted in any court of competent jurisdiction subsequent to filing of the application for registration, of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing; or
c. Had a final judgment rendered against him in any court of competent jurisdiction, when such judgment involved the sale, marketing, or operation of any time-share plan or real estate transaction; or
d. Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of vacation time-sharing plan purchasers; or
e. Failed to faithfully perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or advertisement; or
f. Made an intentional misrepresentation or concealed a material fact in an application for registration; or
g. Made a misrepresentation or concealed any material fact in the sale, marketing, or operation of a registered time-sharing plan; or
h. Failed to comply with the terms of a sales contract; or
i. Failed to make timely delivery of a deed to any purchaser to whom a deed is due to be delivered; or
j. Violated any other provision of this article or any rule or regulation of the commission.
The reinstatement of a registration suspended or revoked as a result of a violation under this article may be made conditional upon the fulfillment of such reasonable conditions as are imposed by the commission.
(8) Issue a cease and desist order instead of revoking a registration if it finds, after notice and hearing, that the seller has been guilty of a violation for which revocation could be ordered.
(9) In lieu of, or in addition to, revoking or suspending a registration or issuing a cease and desist order, impose a penalty of not less than $100 nor more than $2,000 per violation upon the seller(s) in whose name(s) the plan is registered if it finds, after notice and hearing, that such seller(s), or any agent therefor, has been guilty of a violation for which revocation or suspension could be ordered.
(Acts 1983, No. 83-670, p. 1035, §19; Acts 1985, No. 85-750, p. 1204, §1.)
(a) Every applicant for a license under this article, either original or renewal, shall furnish a surety bond payable to the State of Alabama in the amount of $5,000 if a time-sharing salesman or $10,000 if a broker, with a surety company authorized to do business in Alabama, which bond shall provide that the obligor therein will pay up to $5,000 or $10,000, respectively, the aggregate sum of all judgments which may be recovered against such licensee for actual loss or damage arising from his or her activities conducted under this article. Said bond shall be filed with the Alabama Real Estate Commission prior to the issuance of such license. A new bond or a renewal or continuation of the original bond shall be required for each licensing period. If a continuous bond is filed with the commission prior to the issuance of such license, no such renewal bond must be filed as long as the continuous bond remains in force and effect. In the event the continuous bond is revoked by the surety company, it shall immediately notify the commission and the licensee shall have 20 days in which to file another bond with the Alabama Real Estate Commission or his or her license shall be suspended until such new bond is filed.
(b) If at any time a final judgment is rendered against a licensee under this article and the final judgment shall result from or involve any activity covered by this article, the license of the licensee shall be automatically suspended. A judgment shall be considered final when no further relief is available from the judgment in the appellate courts of Alabama. In case of such suspension of license, the commission shall give notice to the licensee that his or her license is suspended, and the licensee shall deliver this license to the commission for disposition. Upon request by the suspended licensee, the commission will set a date designating a time and place thereon for a hearing on the question of whether the license under suspension should be revoked, whether the suspension should be continued for a designated period or whether the suspension should be continued until terminated by the commission upon the fulfillment of reasonable conditions imposed by the commission. The hearing shall be conducted in accordance with Section 34-27-37 and such appropriate rules and regulations as may be adopted from time to time by the Alabama Real Estate Commission. No licensee under this article whose license hereunder has been revoked may apply for another license hereunder until at least two years after the date of such revocation; and, in the event of such application for reinstatement, he or she shall meet all the requirements imposed upon an original applicant for a license under this article; and, furthermore, shall not be relicensed without approval of such relicensing by a majority of the members of the Alabama Real Estate Commission.
(c) Every licensee under this article shall be required to notify the Alabama Real Estate Commission of any civil or criminal action filed or initiated against such licensee within 10 days of the receipt of notice by the licensee of the pending civil or criminal action when the civil or criminal action involves a transaction under this article, or involves the indebtedness of the licensee concerning expenses incurred in the development or continuation of a time-sharing plan, or involves an alleged act of fraud, theft, misrepresentation, embezzlement, or extortion, or involves an alleged felony. The notification shall be in writing and shall include a copy of any civil complaint or other document alleging a complaint or criminal offense; or, if the licensee is not in possession of such legal documents, the notification shall include a notarized statement by the licensee of the substance of the civil or criminal action.
(d) Every licensee under this article shall be required to notify the Alabama Real Estate Commission of the outcome of any civil or criminal action of the type described in subsection (c) of this section within 10 days of the notice to the licensee of such outcome. This notification shall be in writing and shall include a copy of any judgment, order, or other pertinent document issued by the court having jurisdiction of the matter; or, if licensee is not in possession of such legal documents, the notification shall include a notarized statement by the licensee of the nature of the verdict, settlement, dismissal, or other outcome of the subject civil or criminal action.
(Acts 1983, No. 83-670, p. 1035, §20.)
This article shall be known and may be cited as the “Real Estate Consumer’s Agency and Disclosure Act.”
(Acts 1995, No. 95-211, p. 341, §1.)
As used in this article, the following words have the following meanings:
(1) AGENCY AGREEMENT. A written brokerage agreement between a company and a consumer which creates a fiduciary relationship between the company’s qualifying broker, including any licensees designated by the qualifying broker to sign the agreement, and the consumer, who becomes a client of the qualifying broker and designated licensee through the agreement.
(2) BROKER. Any person licensed as a real estate broker pursuant to Articles 1 and 2 of this chapter.
(3) BROKERAGE AGREEMENT. A specific written agreement between a company, as defined by Section 34-27-2, and a consumer which establishes a brokerage relationship. The brokerage agreement shall contain a statement of the terms and conditions of the brokerage services to be provided, including any compensation to be paid to or through the company. The term includes agency agreements and transaction facilitator agreements.
(4) BROKERAGE SERVICE. Any service, except for rental or property management services, provided by a broker or licensee to another person and includes all activities for which a real estate license is required under Articles 1 and 2 of this chapter.
(5) CLIENT. A person who has an agency agreement with a broker for brokerage service, whether he or she is the buyer or seller.
(6) CONSUMER. A person who obtains information, advice, or services concerning real estate from a real estate licensee.
(7) CUSTOMER. A person who is provided brokerage services by a licensee but who is not a client of the broker.
(8) DUAL AGENCY. An agency relationship in which a licensee, with the informed written consent of all parties to a transaction, represents both the seller and the buyer in the same real estate transaction once all parties have signed a consent agreement.
(9) INFORMED CONSENT. A consumer’s agreement to allow something to happen which is based upon full disclosure of facts needed to choose appropriate brokerage services.
(10) LICENSEE. Any broker, salesperson, or company, as defined in Section 34-27-2.
(11) MATERIAL FACT. A fact that is of significance to a reasonable party which affects the party’s decision to enter into a real estate contract.
(12) QUALIFYING BROKER. A broker under whom a corporation, partnership, branch office, or lawfully constituted business organization, as the Legislature may from time to time provide, is licensed, or a broker licensed to do business as a sole proprietorship who is responsible for supervising the acts of the company, or proprietorship and all real estate licensees licensed there.
(13) REAL ESTATE TRANSACTION. The purchase, sale, lease and rental, option, or exchange of an interest in real estate.
(14) SINGLE AGENT. A licensee who is engaged by and represents through an agency agreement only one party in a real estate transaction. A single agent may be only one of the following:
a. Buyer’s agent, which means a broker or licensee who is engaged by and represents only the buyer in a real estate transaction.
b. Seller’s agent, which means a broker or licensee who is engaged by and represents only the seller in a real estate transaction.
(15) TRANSACTION FACILITATOR. A licensee who assists one or more parties in a contemplated real estate transaction without being an agent or fiduciary or advocate for the interest of that party to a transaction. The term has the same meaning as “Transaction Broker” provided in Act 98-618.
(Acts 1995, No. 95-211, p. 341, §2; Act 98-618, p. 1359, §1; Act 2008-141, p. 214, §3; Act 2025-59 §1; Act 2025-380, §1.)
(a) When engaged in any real estate transaction, the licensee may act as a single agent, dual agent, or as a transaction facilitator.
(b) At the initial contact between a licensee and the consumer and until such time a broker enters into a specific written agreement to establish an agency relationship with one or more of the parties to a transaction, the licensee shall be considered a transaction facilitator and not an agent of that consumer. An agency relationship shall not be assumed, implied, or created without a written bilateral agency agreement signed by the licensee and the consumer establishing the terms of the agency relationship. In the absence of a signed brokerage agreement between the parties, the transaction facilitator relationship shall remain in effect.
(c) The licensee shall provide a written disclosure form to a consumer for signature describing the types of brokerage services, as identified in subsection (a), that are available to clients and customers of real estate brokerage companies, as soon as reasonably possible and before any confidential information is disclosed to any other person by a licensee. The disclosure must occur at least prior to a licensee providing any brokerage service, which includes a licensee showing a property as to a prospective buyer but does not include a seller’s agent conducting an open house as to prospective buyers. As part of the disclosure, the licensee shall also provide a consumer in writing the specific types of brokerage services that are provided by his or her company, as required by Section 34-27-83, which shall also include general information on how the company and licensee are compensated for the brokerage services. A broker shall not be required to offer or engage in any one or in all of the brokerage services specified in subsection (a). All rental or property management services are excluded from the requirements of this subsection.
(d) A licensee shall not be required to comply with the provisions of subsection (c) when engaged in transactions with any corporation, nonprofit corporation, professional corporation, professional association, limited liability company, partnership, any partnership created under the Alabama Partnership Law, Chapter 8A of Title 10A, real estate investment trust, business trust, charitable trust, family trust, or any governmental entity in transactions involving real estate.
(e) After disclosure, the consumer may make an affirmative election of a specific type of brokerage service that is available from the real estate company by signing a brokerage agreement. The brokerage agreement shall contain a statement of the terms and conditions of the brokerage services that the broker will provide, as provided in Section 34-27-81. The consumer or customer may not be required to enter into a written brokerage agreement in order for a licensee to show a property to a consumer or customer. Notwithstanding subsection (d), a written brokerage agreement is required prior to a licensee either listing for sale or submitting an offer on a property on behalf of a consumer, customer, or client for compensation.
(f) When serving as a transaction facilitator, the duties of the licensee to all the parties to a real estate transaction are limited to those which are enumerated in Section 34-27-84. A signed brokerage agreement between the parties or, in the absence of a signed brokerage agreement, the continuation of the transaction facilitator relationship, shall constitute informed consent by the consumer as to the services the consumer shall receive from the broker.
(g) When two or more licensees under the same qualifying broker are in separate agency agreements with a different party in the same transaction, the qualifying broker may designate those licensees as single agents as to the licensee’s client. A designated single agent is not a dual agent, and neither the qualifying broker, the designated single agent, nor any other licensee involved in the transaction shall be assumed to have knowledge to any other party with whom the licensee has not entered into an agency agreement.
(h) Disclosure forms shall be provided to buyers and sellers. All real estate companies operating within the State of Alabama shall use the same agency disclosure forms. Disclosure forms describing the alternative types of brokerage services identified above shall be written by the Alabama Real Estate Commission.
(i) Each offer to purchase shall prominently display a representation disclosure clause in the following form, completed and initialed as indicated:
The listing licensee, __________ is:
___ An agent of the seller.
___ A dual agent.
___ Assisting the seller as a transaction facilitator.
The selling licensee, ___________ is:
___ An agent of the buyer.
___ A dual agent.
___ Assisting the buyer as a transaction facilitator.
(j) Nothing in this section shall prohibit the consumer from entering into a written contract with a qualifying broker which contains provisions for services not specifically identified in the written disclosure form.
(Acts 1995, No. 95-211, p. 341, §3; Act 98-618, p. 1359, §1; Act 2025-59, §1; Act 2025-380, §1.)
(a) Any qualifying broker acting in a real estate transaction shall adopt a written agency disclosure office policy that specifically enumerates the types of brokerage services a licensee may offer or accept.
(b) The qualifying broker for each real estate company shall provide every licensee a copy of the agency disclosure policy regarding the types of brokerage services offered by their company. This policy shall be explained to all licensees at least once a year.
(c) A form acknowledging receipt of the agency disclosure office policy statement and a satisfactory explanation of its contents shall be signed by each licensee and a copy retained by the real estate company for three years.
(Acts 1995, No. 95-211, p. 341, §4; Act 2025-380, §1.)
(a) Licensees shall have all of the following obligations to all parties in a real estate transaction:
(1) To provide brokerage services to all parties to the transaction honestly and in good faith.
(2) To exercise reasonable skill and care in providing brokerage services to all parties.
(3) To keep confidential any information given to the licensee in confidence, or any information obtained by the licensee which the licensee knows a reasonable individual would want to keep confidential, unless: (i) disclosure of this information is required by law; (ii) the disclosure is authorized by the party in writing; (iii) the information becomes public knowledge; or (iv) failure to disclose the information violates a fiduciary duty to a client.
(4) To account for all property coming into the possession of the licensee which belongs to any party to the real estate transaction.
(5) When assisting a party in the negotiation of a real estate transaction, to present all written offers in a timely and truthful manner.
(6) To act on behalf of the licensee or his or her immediate family, or on behalf of any other individual, organization, or business entity in which the licensee has a personal interest only with prior timely written disclosure of this interest to all parties to the transaction.
(b) A licensee may provide requested information that affects a transaction to any party who requests the information, unless disclosure of the information is prohibited by law or in this article.
(c) When accepting an agreement to list an owner’s property for sale, the licensee, at a minimum, shall accept delivery of and present to the consumer all offers, counteroffers, and addenda to assist the consumer in negotiating offers, counteroffers, and addenda, and to answer the consumer’s questions relating to the transaction.
(Acts 1995, No. 95-211, p. 341, §5; Act 2005-314, 1st Sp. Sess., p. 646, §1; Act 2025-380, §1.)
(a) In addition to the duties enumerated in Section 34-27-84, a licensee shall provide all of the following services to clients:
(1) Loyally represent the best interests of the client by placing the interests of the client ahead of the interests of any other party, unless loyalty to a client violates the duties of the licensee to other parties under Section 34-27-84 or is otherwise prohibited by law.
(2) Disclose to the client all information known by the licensee which is material to the transaction and not discoverable by the client through reasonable investigation and observation, except for confidential information as provided in Section 34-27-84(a)(3). A licensee shall have no affirmative duty to discover the information.
(3) Fulfill any obligation required by the agency agreement, and any lawful instructions of the client which are within the scope of the agency agreement and are not inconsistent with other duties as enumerated in this article.
(b) A licensee who represents more than one client in a real estate transaction owes the duties as specified in subsection (a) to each client, except where the duties to one client will violate the fiduciary duties of the licensee to other clients.
(c) A licensee may provide brokerage services as a dual agent only with the prior written, informed consent of all clients of the licensee in the transaction.
(Acts 1995, No. 95-211, p. 341, §6.; Act 2025-380, §1)
(a) A client is not liable for a misrepresentation made by a licensee in connection with the licensee providing brokerage services unless the client knows or should have known of the misrepresentation or the licensee is repeating a misrepresentation made by the client to the licensee.
(b) A licensee shall not be liable for providing false information to a party in a real estate transaction if the false information was provided to the licensee by a client of the licensee or by a customer or by another licensee unless the licensee knows or should have known that the information was false.
(Acts 1995, No. 95-211, p. 341, §7; Act 2025-380, §1.)
The duties of licensees as specified in this article or in rules promulgated by the Alabama Real Estate Commission shall supersede any duties of a licensee to a party to a real estate transaction which are based upon common law principles of agency to the extent that those common law duties are inconsistent with the duties of licensees as specified in this article.
(Acts 1995, No. 95-211, p. 341, §8.)
A violation or disregard of any provision of this article shall constitute a violation actionable by the commission pursuant to Section 34-27-36, as amended.
(Acts 1995, No. 95-211, p. 341, §9.)
For the purposes of this article, the following terms shall have the following meanings:
(1) ACTUAL INTRODUCTION. Either of the following:
a. When the buyer, seller, landlord, or tenant has been referred to the real estate licensee by the person or entity seeking the referral fee prior to the time the customer has executed a real estate brokerage services disclosure form or waived execution in writing or the customer has executed a buyer’s agency agreement, property listing agreement, or a transaction brokerage agreement.
b. For real estate transactions in which the law of this state does not require the presentation of a real estate brokerage services disclosure form, when the buyer, seller, landlord, or tenant has been referred to the real estate licensee by the person or entity seeking the referral fee prior to any contact between the buyer, seller, landlord, or tenant and the real estate licensee during which their real estate business has been discussed. Any such referral agreement between real estate licensees must be in writing. Any attempt to present an unlawful referral agreement is prohibited.
(2) INTERFERENCE WITH A REAL ESTATE BROKERAGE RELATIONSHIP. Demanding a referral fee from a real estate licensee when reasonable cause for payment does not exist. The term may also include a threat by a third party to reduce, withhold, or eliminate any relocation or other benefits, or the actual reduction, withholding, or elimination of any relocation or other benefit, in order to generate a referral fee from a real estate broker when reasonable cause for payment does not exist. Notwithstanding the foregoing, neither of the following shall constitute interference with a real estate brokerage relationship:
a. Communications between an employer or its representative and an employee concerning relocation policies and benefits.
b. Advising a party of the right to allow a brokerage relationship to expire pursuant to its own terms or not to renew the brokerage relationship upon expiration.
(3) REAL ESTATE BROKERAGE RELATIONSHIP. A relationship entered into between a real estate broker or salesperson and a buyer, seller, landlord, or tenant under which the real estate broker or salesperson engages in any of the acts set forth in Alabama real estate license law, but the relationship does not exist prior to actual introduction of the relationship as provided in subdivision (1).
(4) REASONABLE CAUSE FOR PAYMENT. When an actual introduction of business has been made, a subagency relationship between brokers exists, a contractual referral fee relationship or other agreement exists, or a contractual cooperative brokerage relationship exists.
(5) REFERRAL FEE. Any fee or commission paid by a real estate licensee to any person or entity, other than a cooperative commission offered by a listing real estate broker to a selling real estate broker or by a selling real estate broker to a listing real estate broker.
(Act 2000-210, p. 277, §1; Act 2025-59, §1.)
(a) No licensed real estate broker shall be required to pay a referral fee or commission when reasonable cause for payment does not exist.
(b) No third party shall knowingly interfere with the real estate brokerage relationship of a real estate licensee.
(c) Any person aggrieved by a violation of any provision of this article may bring a civil action in any court of competent jurisdiction. The damages recoverable in such an action shall be actual damages and, in addition, the court may award an amount up to three times the amount of actual damages sustained as a result of any violation of this article, plus reasonable attorney fees and expenses.
(Act 2000-210, p. 277, §2.)
This article shall be known and may be cited as the “Alabama Real Estate Appraisers and Appraisal Management Company Registration and Regulation Act.”
(Acts 1990, No. 90-639, p. 1175, §1; Act 2011-701, p. 2161, §2.)
The following terms as used in this article shall have the following meanings:
(1) APPRAISAL. The act or process of developing an opinion of value of real property; an opinion of the value of real property; of or pertaining to appraising real property and related functions such as appraisal practice or appraisal services.
(2) APPRAISAL FOUNDATION. The Appraisal Foundation incorporated as an Illinois not-for-profit corporation on November 30, 1987.
(3) APPRAISAL MANAGEMENT COMPANY. An external third party including, but not limited to, a corporation, partnership, sole proprietorship, subsidiary, or limited liability company, authorized either by a creditor of a consumer credit transaction secured by the principal dwelling of a consumer or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than four certified or licensed appraisers in a state or 25 or more nationally in a given year, that perform appraisal management services.
(4) APPRAISAL MANAGEMENT SERVICES. To directly or indirectly perform any of the following functions for a fee on behalf of a lender, financial institution, or any other entity:
a. Recruit, select, and retain appraisers.
b. Contract with licensed and certified appraisers to perform appraisal assignments.
c. Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed.
d. Review and verify the work of appraisers.
(5) APPRAISAL REPORT. Any communication, written or oral, of an appraisal.
(6) APPRAISAL REVIEW. The act of developing and communicating an opinion about the quality of the work of another appraiser that was performed as part of an appraisal assignment, except that an examination of an appraisal for grammatical, typographical, or other similar errors that do not make a substantive valuation change is not an appraisal review.
(7) APPRAISAL SUBCOMMITTEE. The appraisal subcommittee of the Federal Financial Institutions Examination Council.
(8) APPRAISER. A person who holds a license or certification to complete a real estate appraisal in the state where real property that is the subject of the appraisal is located.
(9) APPRAISER INDEPENDENCE. The ability of an appraiser to provide an appraisal or appraisal review services in exchange for a customary and reasonable fee without coercion, extortion, collusion, inducement, intimidation, bribery, or any other action by a regulated party intended to influence the opinion rendered by an appraiser.
(10) APPRAISER PANEL. A network of licensed or certified appraisers who are independent contractors of an appraisal management company.
(11) BOARD. The State of Alabama Real Estate Appraisers Board established pursuant to this article.
(12) CERTIFIED APPRAISAL or CERTIFIED APPRAISAL REPORT. An appraisal or appraisal report given or signed and certified as such by a licensed real property appraiser other than a trainee or registered real property appraiser. When identifying an appraisal or appraisal report as certified, the real property appraiser shall indicate which type of license is held. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this article.
(13) EVALUATION. A valuation of real property for a lending institution which is permitted by rules of any federal financial institution regulatory agency for transactions that do not require an appraisal.
(14) EXECUTIVE DIRECTOR. The chief administrative employee of the board.
(15) EXPERIENCE POINTS. The allowable credit for appraisal of particular types of properties.
(16) FEDERAL FINANCIAL INSTITUTIONS REGULATORY AGENCIES. The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.
(17) FEDERALLY RELATED TRANSACTION. Any real estate-related financial transaction which:
a. A federal financial institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and
b. Requires the services of an appraiser.
(18) FINANCIAL INSTITUTION. An insured depository institution as defined in Section 3 of the Federal Deposit Insurance Act or an insured credit union as defined in Section 101 of the Federal Credit Union Act.
(19) GEOGRAPHIC COMPETENCY. The familiarity of an appraiser with a market or a geographic area applicable to the problem to be addressed in an appraisal or an appraisal review assignment.
(20) PRINCIPAL CONTACT. An individual employed, appointed, or authorized by an appraisal management company to serve as the principal contact for the board.
(21) REAL ESTATE. An identified parcel or tract of land, including improvements, if any.
(22) REAL ESTATE APPRAISAL SERVICES. The practice of accepting an assignment to develop and report an opinion on the value of real property in conformance with the Uniform Standards of Professional Appraisal Practice published by the Appraisal Foundation.
(23) REAL ESTATE-RELATED FINANCIAL TRANSACTION. Any transaction involving any of the following:
a. The sale, lease, purchase, investment in, or exchange of real property, including interests in property, or the financing thereof.
b. The refinancing of real property or interests in real property.
c. The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.
(24) REAL PROPERTY. One or more defined interests, benefits, and rights inherent in the ownership of real estate.
(25) UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP). Standards promulgated by the Appraisal Foundation and adopted by rule pursuant to this article.
(Acts 1990, No. 90-639, p. 1175, §2; Acts 1994, No. 94-117, p. 128, §1; Act 2004-525, p. 1093, §1; Act 2011-701, p. 2161, §2; Act 2019-282, §1.)
(a) It shall be unlawful for any person, partnership, or corporation, for a fee or other valuable consideration, or with the intention or expectation of receiving or collecting a fee or valuable consideration from another, to do any of the following unless he or she is licensed under this article:
(1) To be employed to perform or to perform an appraisal as defined in this article where the subject property of the assignment lies within the borders of the State of Alabama.
(2) Present himself or herself, or allow himself or herself to be presented, as being able to perform an appraisal for which a license is required under this article.
(b) It shall be unlawful for a person, other than a licensed real estate appraiser, to assume or use that title or any title, designation, or abbreviation likely to create the impression of licensure as a real estate appraiser by this state. It shall be unlawful for a person licensed as a real estate appraiser to assume or use a title, designation, or abbreviation likely to create the impression of licensure at a higher classification of real estate appraiser other than the classification at which the person is licensed. It shall be unlawful for a trainee real property appraiser or a registered real property appraiser pursuant to this article to describe or refer to any appraisal or other evaluation of real estate located in this state by the term “certified.” Except where required by, or where necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, as amended, and regulations issued pursuant thereto, an employee of the State of Alabama or any county who has been commissioned by the Alabama Department of Revenue as an Alabama Certified Appraiser, for the purposes of classification only, who is engaged in the performance of official duties as an employee, shall not be subject to this article.
(1) A trainee real property appraiser or a state registered real property appraiser under this article shall include the following statement in the Certifications of the Appraiser section of each appraisal or specialized service report: “This assignment was made subject to regulations of the State of Alabama Real Estate Appraisers Board.”
(2) A licensed real estate appraiser licensed other than as a trainee real property appraiser or a registered real property appraiser shall include the following statement in the Certifications of the Appraiser section of each appraisal or specialized service report: “This assignment was made subject to regulations of the State of Alabama Real Estate Appraisers Board. The undersigned state licensed real estate appraiser has met the requirements of the board that allow this report to be regarded as a certified appraisal.”
(c) Except where required by, or where necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, as amended, and regulations issued pursuant thereto, this article shall not apply to, or preclude, a person who is not a licensed real estate appraiser from performing real estate market analysis, in that person’s capacity as a licensed real estate broker or salesperson under this title. This article also does not apply to a licensed real estate appraiser when preparing an evaluation for a mortgage loan transaction when a financial institution has determined that an appraisal is not required or to a licensed real estate broker or salesperson, who in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate, or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This article also does not apply to any employee, officer, director, partner, or similar person making a valuation, analysis, market study, or other appraisal for his or her employer or principal, including those related to any real estate-related financial transactions for or on behalf of a financial institution. The words “employer or principal” as used in this subsection shall include any subsidiary, parent, affiliate, or partner of the direct employer or principal. This article shall not require now or in the future any person who lists or otherwise offers property for sale to have an appraisal of that property.
(d) Any person violating subsections (a) through (c), upon conviction thereof, shall be guilty of a Class A misdemeanor and shall be punished as prescribed by law.
(e) Notwithstanding anything to the contrary in this section, an individual who is not a licensed appraiser may assist in the preparation of an appraisal if the following conditions are met:
(1) The assistant is under the direct supervision of a licensed individual.
(2) The final appraisal document is approved and signed by an individual who is licensed to perform that type of appraisal.
(f)(1) Notwithstanding anything to the contrary in this article, a person licensed pursuant to this article may perform an evaluation for a financial institution as authorized by federal law.
(2) When performing an evaluation, a person licensed pursuant to this article shall not be subject to any provision of this article except as provided in this subsection.
(3) The evaluation shall contain a statement that “This is not an appraisal.”
(4) This article does not otherwise apply to an evaluation.
(5) Evaluations shall be governed by federal law and rules of federal financial institution regulatory agencies and not the board.
(Acts 1990, No. 90-639, p. 1175, §3; Acts 1994, No. 94-117, p. 128, §1; Acts 1995, No. 95-308, p. 560, §1; Act 2019-282, §1.)
There is established the Alabama Real Estate Appraisers Board. The board shall consist of nine members, one of whom shall be a qualified individual from the general public, seven of whom shall be real property appraisers, and, beginning on October 1, 2011, one of whom shall be a representative of an appraisal management company. Each member of the board, except for the representative of the appraisal management company, shall be a citizen of this state and no less than two of the nine board members shall be of a minority race. The overall membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The Governor shall appoint the members of the Real Estate Appraisers Board. One appraiser member shall be appointed from each United States Congressional District in this state. The term of each board member shall be three years; except that, of the members first appointed, three shall serve three years, three shall serve two years, and three shall serve for one year. The representative of the appraisal management company, whose term begins on October 1, 2011, shall be selected from a list of three candidates submitted to the Governor by the Real Estate Valuation Advocacy Association, or its successor organization. This member shall serve a term of three years. Notwithstanding the foregoing, and notwithstanding the method of electing a chairperson specified below, if the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73, Title XI - Real Estate Appraisal Reform Amendments and any amendment thereto or regulations issued thereunder - prohibit the board from consisting of a majority of real property appraisers, or require a different method of selecting a chairperson; then the board shall promptly come into compliance with the federal law and at least one representative of an appraisal management company shall hold a position on the board. The board may not exceed a total of nine members, and the chairperson shall be selected as required by Pub. L. No. 101-73 and regulations thereunder. In such event, the existing appraiser members with the shortest remaining terms shall vacate their positions as necessary to achieve the composition of the new board, and if it becomes necessary to vacate a position held by two or more appraiser members with equivalent terms, the Governor shall determine which appraiser member shall vacate the position, but no hold over terms shall extend for more than 180 days. Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualifications of their successors and confirmation by the state Senate. No person shall serve as a member of the board for more than two consecutive terms. The appointing authority may remove a board member for misconduct, incapacity, incompetence, or neglect of duty after the board member so charged has been served with a written statement of charges and has been given an opportunity to be heard. Absence from any three consecutive meetings without cause acceptable to the Governor and the board shall be deemed cause for removal. The public members of the board and spouses of the members shall not be engaged in the practice of real property appraising. The board shall meet at least once each calendar quarter to conduct its business. Places of future meetings shall be decided by the vote of the members at meetings. Written notice shall be given to each member of the time and place of each meeting of the board at least 10 days before the scheduled date of the meetings. The members of the board shall elect a chairperson from among the members to preside at board meetings. A quorum of the board shall consist of five board members with at least four of such members being appraiser members. Each member of the board shall receive compensation to be set by the board in an amount not to exceed three hundred dollars ($300) per month for attendance of board meetings. In addition, each member of the board shall be entitled to a per diem allowance on board meeting days as authorized by the board, not to exceed the current per diem allowance for state employees, except that no out-of-state travel or mileage reimbursement for travel beyond Alabama borders shall be made for attendance at board meetings. The board shall be independent, separate, and distinct from any agency, person, or other state official whose responsibilities include licensing real estate brokers, real estate salesmen, or real estate companies.
(Acts 1990, No. 90-639, p. 1175, §4; Act 2004-525, p. 1093, §1; Act 2009-458, p. 799, §3; Act 2011-701, p. 2161, §2.)
(a) The board shall act by a majority vote of its members to adopt administrative rules necessary, from time to time, to carry out this article. Rules of the board shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(b) The board shall have the following powers and duties:
(1) To receive and process applications for licensure for all classifications of real estate appraisers, including, but not limited to, “trainee real property appraiser,” “state registered real property appraiser,” “licensed real property appraiser,” “certified residential real property appraiser,” and “certified general real property appraiser” and any subsequent classifications necessary to conform with the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73, and any subsequent regulations issued pursuant thereto.
(2) To establish the administrative procedures for processing applications for licensure for all classifications of real estate appraisers.
(3) To maintain a registry of the names and addresses of people licensed under this article, and to furnish the list annually to the federal agency designated by Congress to receive it.
(4) To retain records and all application materials submitted to it.
(5) To establish the examination specifications when an examination is required by administrative rule for each category of licensed real estate appraiser, to provide or procure appropriate examination questions and answers, and to establish procedures for grading examinations.
(6) To approve or disapprove applications for licensure and issue licenses.
(7) To further define by rule and with respect to each category of licensed real estate appraiser the continuing education requirements for the renewal of a license that will meet the statutory requirements provided in this article. No examinations shall be required on the continuing education except to comply with subsection (c) of Section 34-27A-19.
(8) To review and adopt the standards for the development and communication of real estate appraisals provided in this article which are generally accepted within the appraisal profession and to adopt rules explaining and interpreting the standards.
(9) To establish administrative procedures for disciplinary proceedings conducted pursuant to this article.
(10) To censure, suspend, and revoke licenses pursuant to the disciplinary proceedings provided for in Section 34-27A-21.
(11)a. To hire the executive director of the board and an executive assistant if needed to fulfill the requirements of this article. The executive director shall administer this article, and may employ, subject to the approval of the board, other staff members, consultants, or service contractors as are necessary to discharge the board’s duties and administer this article.
b. Notwithstanding any other contrary provision of law, an investigator who contracts with the board may be a practicing licensee of the board.
(12) To perform other functions and duties as may be necessary in carrying out this article, and to adopt necessary and appropriate rules which comply in all respects with requirements of Pub. L. No. 101-73 and any subsequent amendments thereto. Rules shall be adopted within 90 days following completion of the schedule for prescription and adoption of rules by the federal financial institutions regulatory agencies and the resolution trust corporation. Rules shall be adopted and take effect by (i) July 1, 1991, unless an extension is granted by the appraisal subcommittee until December 31, 1991, based on written findings as specified by Section 1119(a)(2) of Pub. L. No. 101-73; or (ii) any other date specified by subsequent act of Congress. All rules issued by the board that govern real estate appraiser licensure and certification shall conform in all respects with the requirements of Pub. L. No. 101-73 and any subsequent amendments thereto and are subject to administrative review under the Administrative Procedure Act and to judicial review by application to the Circuit Court for Montgomery County.
(13) To include in its rules educational requirements for all classes of licensure of real estate appraisers that comply with this article and in all respects comply with the requirements of Pub. L. No. 101-73 and any subsequent amendments thereto or rules issued thereunder.
(c) The members of the board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of, or any disciplinary proceeding concerning, a licensed real estate appraiser pursuant to this article, or alleged appraisals being made without a license, provided that the action is taken in good faith and in the reasonable belief that the action taken was pursuant to the powers and duties vested in the members of the board under this article.
(Acts 1990, No. 90-639, p. 1175, §5; Acts 1994, No. 94-117, p. 128, §1; Acts 1995, No. 95-308, p. 560, §1; Act 2004-525, p. 1093, §1; Act 2019-282, §1.)
(a) The board shall have the authority to set and regulate fees necessary for its operation as a self sustaining board which fees shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(b) All fees shall be paid into the Alabama Real Estate Appraisers Board Fund for the purpose of carrying out this article.
(Acts 1990, No. 90-639, p. 1175, §6; Acts 1994, No. 94-117, p. 128, §1.)
(a) Applications for original license, renewal license, and examinations shall be made in writing to the board on forms approved by the board.
(b) Appropriate fees, as fixed by the board pursuant to Section 34-27A-6, shall accompany all applications for original license, renewal license, and examination.
(c) At the time of filing an application for license for any real property appraiser classification, each applicant shall sign a pledge to comply with the standards set forth in this article and state that he or she understands the types of misconduct for which disciplinary proceedings may be initiated against a licensed real property appraiser, as set forth in this article.
(d) A license for any real estate appraiser classification shall be issued only to, and held only by a person who meets all of the requirements of the following subdivisions (1) through (7) below and either subdivision (8) or (9) below:
(1) Who is at least 19 years old and has a high school diploma or equivalent.
(2) Who is a citizen of the United States, or is legally present in this state, or is an alien with permanent resident status.
(3) Who, if a nonresident, agrees to sign an affidavit stating the following and in the following terms:
“I, as a nonresident applicant for an appraisal license and as a licensee, agree that the State of Alabama Real Estate Appraisers Board shall have jurisdiction over me in any and all of my real estate related activities the same as if I were an Alabama resident licensee. I agree to be subject to investigations and disciplinary actions the same as Alabama resident licensees. Further, I agree that civil actions may be commenced against me in any court of competent jurisdiction in any court of the State of Alabama.
“I appoint the Executive Director of the State of Alabama Real Estate Appraisers Board as my agent upon whom all disciplinary, judicial, or other process or legal notices may be served. I agree that service upon my agent shall be the same as service upon me and that certified copies of this appointment shall be deemed sufficient evidence thereof and shall be admitted into evidence with the same force and effect as the original might be admitted. I agree that any lawful process against me which is served upon my agent shall be of the same legal force and validity as if personally served upon me and that this appointment shall continue in effect for as long as I have any liability as an appraiser remaining in the State of Alabama. I understand that my agent shall, within a reasonable time after service upon him or her, mail a copy of same by certified mail, return receipt requested, to me, at my last known business address.
“I agree that I am bound by all the provisions of the State of Alabama Real Estate Appraisers Act.
___________Legal Signature of Applicant”
(4) Who is trustworthy and competent to transact the business of an appraiser in a manner that safeguards the interests of the public.
(5) Whose application or license has not been rejected or revoked in any state within two years prior to date of application on any grounds other than failure to pass a written examination.
(6) Whose membership in any nationally recognized appraisal organization has not been revoked within two years under ethics procedures of the appraisal organization. Membership in an organization is not required by this article.
(7) Who is of good moral character.
(8) Who on applying for a license before July 1, 1991, provides evidence to the board of possessing basic appraisal skills by showing to the board that for a period of 24 months prior to application for an appraisal license, has operated within the State of Alabama, as a real estate appraiser or review appraiser or has been employed as a permanent employee, by a company, lending institution, or governmental agency located within the State of Alabama, that appraises real estate or reviews real estate appraisals and produces evidence to the board that he or she possesses those qualifications listed in Section 34-27A-10(a)(1) through (a)(7).
(9) Who on applying for a license after January 1, 1991, provides evidence of having passed within 24 months prior to application a Uniform Standards of Professional Appraisal Practice course presented by an approved institution or appraisal organization, provides evidence of having successfully completed the required education from an approved course provider for the real estate appraiser classification for which he or she is applying, and demonstrates basic appraisal skills by achieving a passing grade on the test requirements of Section 34-27A-10.
(e) In addition to all other requirements, an applicant for a license under this section shall submit to the board a form, sworn to by the applicant, containing name, date of birth, and Social Security number for completion of a criminal history background check. The applicant shall submit two complete sets of fingerprints to the board. The board shall submit the fingerprints to the Alabama Bureau of Investigation (ABI) for a state criminal history record check. 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 board shall keep information received pursuant to this subsection confidential, except that such information received and relied upon in denying the issuance of a real property appraiser license in this state may be disclosed to support the denial of the license.
(f) The board may consult with appropriate state or federal law enforcement authorities to verify whether an applicant has a criminal record prior to issuing a license and, as an aid to this duty, each applicant may be required to provide his or her fingerprints and complete an affidavit of his or her criminal record, if any, as part of the application. The board may periodically consult with state and federal law enforcement officials to determine whether current licensees have new criminal convictions.
(Acts 1990, No. 90-639, p. 1175, §7; Acts 1994, No. 94-117, p. 128, §1; Act 2004-525, p. 1093, §1; Act 2008-79, p. 100, §3; Act 2014-294, p. 1052, §1.)
(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.
(Acts 1990, No. 90-639, p. 1175, §9; Acts 1994, No. 94-117, p. 128, §1; Acts 1995, No. 95-308, p. 560, §1.)
(a) Except as provided in Section 34-27A-7, an original license as a licensed real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that he or she possesses all of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing, and economic concepts applicable to real estate.
(2) Appropriate understanding of the principles of land economics, real estate appraisal processes, and of problems likely to be encountered in gathering, interpreting, and processing the data in carrying out appraisal disciplines.
(3) Appropriate understanding of the standards for the development and communication of real estate appraisals as provided in this article.
(4) Appropriate knowledge of the theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal that are appropriate for the classification of license applied for.
(5) Knowledge of other principles and procedures as may be appropriate for appraisal assignments for the classification of license applied for.
(6) Basic understanding of real estate law.
(7) Understanding of the types of misconduct for which disciplinary proceedings may be initiated against a licensed real estate appraiser, as set forth in this article.
(b) Written examinations shall be consistent with the uniform state certification examination.
(c) The board shall adopt subsequent examination requirements as required by or when necessary to fully comply 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.
(Acts 1990, No. 90-639, p. 1175, §10; Acts 1994, No. 94-117, p. 128, §1.)
(a) Certified general real property appraiser classification. As a prerequisite to taking the examination for licensure as a certified general real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed not less than 165 classroom hours of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or college or university approved by the board, plus 15 classroom hours related to the uniform standards of professional appraisal practice and this article and has 30 months’ experience during the last five years as an appraiser with a minimum of 300 points of appraisal experience. If requested, experience documentation in the form of reports or file memoranda shall be available to support the experience claim.
(b) Certified residential real property appraiser classification. As a prerequisite to taking the examination for licensure as a certified residential real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed not less than 120 classroom hours of courses in subjects related to real estate appraisal from a nationally recognized appraisal organization or a college or university approved by the board, including 15 classroom hours related to Uniform Standards of Professional Appraisal Practice and the provisions of this article and has 24 months’ experience during the last five years as an appraiser with a minimum of 250 points of appraisal experience. If requested, experience documentation in the form of reports or file memoranda shall be available to support the experience claim.
(c) Licensed real property appraiser classification. As a prerequisite to taking the examination for licensure as a licensed real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed not less than 90 classroom hours of board approved courses in subjects related to real estate appraisal which shall include not less than 15 classroom hours of the Uniform Standards of Professional Appraisal Practice. The individual shall have experience during two of the last five years with a minimum of 200 points of appraisal experience. If requested, experience documentation in the form of reports or file memoranda shall be available to support the experience claim.
(d) State registered real property appraiser classification. As a prerequisite to being approved as a state registered real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed 75 classroom hours of courses in subjects related to real estate appraisal which shall include not less than 15 classroom hours of the Uniform Standards of Professional Appraisal Practice. The individual shall furnish the board with a log sheet in support of the 100 points appraisal experience. The board may select appraisal reports for review for compliance with the Uniform Standards of Professional Appraisal Practice. Upon the approval of the board, the appraiser does not have to have a supervising appraiser on nonfederally related transactions.
(e) Trainee real property appraiser classification. As a prerequisite to taking the examination for a trainee real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed 75 classroom hours of courses in subjects related to real estate appraisal which shall include not less than 15 classroom hours of the Uniform Standards of Professional Appraisal Practice. The trainee appraiser shall be subject to direct supervision by a supervising appraiser who shall be in a certified classification. The supervisor shall be responsible for the direct supervision of the trainee appraiser and both shall comply with the board’s administrative rules regarding record keeping.
(f) The board shall amend the education and experience requirements by administrative rule for all appraiser classifications as required by or where necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73 (FIRREA), and any subsequent amendments and regulations issued pursuant thereto. Administrative rules shall be adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(Acts 1990, No. 90-639, p. 1175, §11; Acts 1994, No. 94-117, p. 128, §1; Acts 1995, No. 95-308, p. 560, §1; Act 2004-525, p. 1093, §1.)
Existing appraisers who are licensed as licensed real estate appraisers (ALs) may reclassify into the registered real property appraiser classification by submitting a log of 1,000 hours. The board may select three reports for review for compliance with the Uniform Standards of Professional Appraisal Practice (USPAP).
(Acts 1995, No. 95-308, p. 560, §2.)
(a) An original certificate for any classification as a licensed real estate appraiser shall not be issued to any person who does not possess the required experience, if any, in real property appraisal supported by adequate written reports, file memoranda, or other evidence satisfactory to the board.
(b) Each applicant for licensure shall furnish, under oath, a detailed listing of the real estate appraisal reports or file memoranda for each year for which experience is claimed by the applicant. Upon request, the applicant shall make available to the board for examination appraisal reports or records which the applicant has prepared. At all times the confidential relationship between the appraiser and the client shall be maintained.
(Acts 1990, No. 90-639, p. 1175, §12; Acts 1994, No. 94-117, p. 128, §1.)
(a) Except for the initial license period, the term of a license issued under this article shall be two years expiring on September 30, 1993, and every two years thereafter. The expiration date shall appear on the license and no other notice of its expiration need be given to its holder.
(b) License fees payable under Section 34-27A-6, shall be payable on a yearly basis. The initial license period shall be from the date of licensure through September 30 of the then current fiscal year.
(Acts 1990, No. 90-639, p. 1175, §13; Acts 1992, No. 92-127, p. 233, §3; Acts 1994, No. 94-117, p. 128, §1.)
(a) Every applicant for licensure under this article, who is not a resident of this state, shall submit with the application an irrevocable consent that service of process to the executive director of the board as provided in Section 34-27A-7(d)(3), if, in an action against the applicant in a court of this state arising out of the applicant’s activities as a licensed real state appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal services upon the applicant.
(b) A nonresident of this state who has complied with subsection (a) of this section may obtain a license as a licensed real estate appraiser by conforming to all of the provisions of this article relating to the classification of real estate appraiser for which the applicant is applying.
(c) The board shall recognize on a temporary basis the certification or license of an appraiser issued by another state if (i) the appraiser’s business is of a temporary nature, and (ii) the appraiser registers with the board.
(Acts 1990, No. 90-639, p. 1175, §14; Acts 1994, No. 94-117, p. 128, §1.)
(a)(1) To obtain a renewal license for any real estate appraiser classification, the holder of a current, valid license shall make application and pay the prescribed fee to the board between September 1 and September 30, and shall be delinquent after September 30. With the application for renewal, the licensed real estate appraiser shall present evidence in the form prescribed by the board of having completed the continuing education requirements for renewal specified by the board.
(2) If the board determines that an applicant has failed to meet the requirements for renewal of a license through mistake, misunderstanding, or circumstances beyond the control of the applicant, the board may extend the term of the license for a period not to exceed six months, upon payment by the applicant of a prescribed fee set by the board for the extension.
(3) If the applicant satisfies the requirements for renewal during the extended term of license, the beginning date of the new renewal license shall be October 1.
(b) If a person fails to renew a license for any classification of real estate appraiser prior to its expiration or within a period of extension granted by the board pursuant to this article, the person may obtain a renewal license by satisfying all of the requirements for renewal and by the payment of late renewal fees as set by the board.
(Acts 1990, No. 90-639, p. 1175, §15; Acts 1992, No. 92-127, p. 233, §3; Acts 1994, No. 94-117, p. 128, §1; Act 2021-489, §1.)
(a) The principal place of business referred to in this article shall be located in the State of Alabama and each licensed real estate appraiser shall advise the board of the address of his or her principal place of business and all other addresses at which he or she is currently engaged in the business of preparing real property appraisal reports.
(b) Whenever a licensed real estate appraiser changes a place of business, he or she shall immediately give written notification of the change to the board.
(c) Every licensed real estate appraiser shall notify the board of his or her current resident address. Residence addresses on file with the board are exempt from disclosure as public records.
(Acts 1990, No. 90-639, p. 1175, §16; Acts 1994, No. 94-117, p. 128, §1.)
(a) A license issued under this article shall bear the signature or facsimile signature of the executive director of the board and a license number assigned by the board.
(b) Each licensed real estate appraiser shall place his or her license number adjacent to or immediately below the title of his or her classification when used in an appraisal report or in a contract or other instrument used by the license holder in conducting real property appraisal activities.
(Acts 1990, No. 90-639, p. 1175, §17; Acts 1994, No. 94-117, p. 128, §1.)
(a) The term “licensed real estate appraiser” or “certified real estate appraiser” may only be used to refer to individuals who hold the license and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in a manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the license.
(b) No license shall be issued under this article to a corporation, partnership, firm, or group. This shall not be construed to prevent a licensed real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice licensed to appraise real estate under this article.
(c) Authority to transact business as a licensed real estate appraiser shall be restricted to the person named in the license and shall not inure to the benefit of any other person.
(Acts 1990, No. 90-639, p. 1175, §18; Acts 1994, No. 94-117, p. 128, §1.)
(a) As a prerequisite to renewal of a license to appraise real estate, the licensed real estate appraiser, licensed for any classification under this article, shall present evidence satisfactory to the board of having met the continuing education requirements of this article.
(b) The board shall set, by administrative rule, the continuing education requirements for renewal of licenses for all classifications of real estate appraisers as required by or when necessary to fully comply with the provisions of 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.
(c) In lieu of meeting the requirements of subsection (b) an applicant for renewal may satisfy all or part of the requirements by presenting evidence of either of the following:
(1) Completion of an educational program of study determined by the board to be equivalent, for continuing education purposes, to courses approved by the board pursuant to subsection (b).
(2) Participation other than as a student in educational processes and programs approved by the board which relate to real property appraisal theory, practices, or techniques, including, but not necessarily limited to, teaching, program development, and preparation of textbooks, monographs, articles, and other instructional materials.
(d) The board shall adopt regulations for implementation of this article to assure that persons renewing their licenses have current knowledge of real property appraisal theories, practices, and techniques which will provide a high degree of service and protection to those members of the public with whom they deal in a professional relationship under authority of this article. The regulations shall prescribe all of the following:
(1) Policies, and procedures, and fees for obtaining board approval of courses of instruction pursuant to subsection (b).
(2) Standards, policies, and procedures to be applied by the board in evaluating applicant’s claims of equivalency in accordance with subsection (c).
(3) Standards, monitoring methods, and systems for recording attendance to be employed by course sponsors as a prerequisite to board approval of courses for credit.
(e) In adopting regulations pursuant to subdivision (1) of subsection (d), the board may give favorable consideration to courses of instruction, seminars, and other real property appraisal education courses or programs previously or hereafter developed by or under the auspices of professional appraisal organizations and utilized by those associations for purposes of designation, or indicating compliance with the continuing education requirements of the organizations.
(f) No amendment or repeal of a regulation adopted by the board pursuant to this section shall operate to deprive a licensed real estate appraiser of credit toward renewal of license for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation which would have qualified for continuing education credit under the regulation as it existed prior to the repeal or amendment.
(g) On or after October 1, 1991, a license to appraise real estate that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required by this article. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for certified real estate appraiser as a condition to reinstatement of a license.
(Acts 1990, No. 90-639, p. 1175, §19; Acts 1994, No. 94-117, p. 128, §1; Act 2006-118, p. 185, §1.)
(a) The board may investigate the actions of a licensed real property appraiser on complaint or on its own motion, and may revoke or suspend the license, levy fines as provided in subsection (c), require completion of education courses, or discipline by public and no more than two private reprimands per licensed real property appraiser for any of the following acts or omissions:
(1) Procuring or attempting to procure a license or certificate pursuant to this article by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license, or through any form of fraud or misrepresentation.
(2) Failing to meet the minimum qualifications established by this article.
(3) Paying money other than authorized by this article to any member or employee of the board to procure a license under this article.
(4) A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others, or a conviction involving moral turpitude.
(5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate holder or another person, or with the intent to substantially injure another person.
(6) Violation of any of the standards for the development or communication of real estate appraisals as provided in this section.
(7) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal, in preparing an appraisal report, or in communicating an appraisal.
(8) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal.
(9) Willfully disregarding or violating this article or the regulations of the board for the administration and enforcement of this article.
(10) Accepting an appraisal assignment, as defined in Section 34-27A-24, when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is contingent upon the opinion, conclusions, or valuation reached, or upon the consequences resulting from the appraisal assignment.
(11) Violating the confidential nature of governmental records to which he or she gained access through employment or engagement as an appraiser by a governmental agency.
(12) Entry of a final civil judgment against the person on grounds of fraud, misrepresentation, or deceit in the making of any appraisal of real property.
(13) Presenting to the board, as payment for a fee or fine, a check that is returned unpaid.
(14) Failing to keep for at least five years, a complete record or file of appraisal or specialized assignments regulated under this article, in accordance with Uniform Standards of Professional Appraisal Practice and Section 34-27A-26.
(15) Failing within a reasonable time to provide information or providing false information in response to a request by the board during an investigation or after a formal complaint has been filed.
(16) Failing to pay by required deadlines, fees or fines levied by the board.
(17) Failing to notify the board within a reasonable time of the filing of any civil action related to the appraisal practice or of any criminal prosecution filed against the appraiser.
(b) In a disciplinary proceeding based upon a civil judgment, the real property appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment.
(c) In addition to the disciplinary powers granted in subsection (a), the board may levy administrative fines for serious violations of this article or the rules and regulations of the board of not more than $500 for each violation.
(Acts 1990, No. 90-639, p. 1175, §20; Acts 1992, No. 92-127, p. 233, §3; Acts 1994, No. 94-117, p. 128, §1; Act 2004-525, p. 1093, §1; Act 2012-96, p. 165, §3.)
(a) Before suspending or revoking any license or certification, the board shall notify the appraiser in writing of any charges made at least 20 days prior to the date set for the hearing and shall afford him or her an opportunity to be heard in person or by counsel.
(b) The written notice may be served either personally or sent by registered or certified mail to the last known business address of the appraiser.
(c) The board shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state, and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state.
(Acts 1990, No. 90-639, p. 1175, §21.)
(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.
(Acts 1990, No. 90-639, p. 1175, §22; Acts 1994, No. 94-117, p. 128, §1.)
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.
(Acts 1990, No. 90-639, p. 1175, §23; Acts 1994, No. 94-117, p. 128, §1; Act 2019-282, §1.)
(a) A client or employer may retain or employ a licensed real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value. In either case, the appraisal and the appraisal report shall comply with this article.
(b) For the purposes of this article, the term “appraisal assignment” means an engagement for which an appraiser is employed or retained to act, or would be perceived by the third parties or the public as acting, as a disinterested third party in rendering an appraisal.
(Acts 1990, No. 90-639, p. 1175, §24; Acts 1994, No. 94-117, p. 128, §1.)
A licensed real estate appraiser may not accept a fee for an appraisal assignment, as defined in Section 34-27A-24, that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or is contingent upon the opinion or valuation reached, or upon the consequences resulting from the appraisal assignment.
(Acts 1990, No. 90-639, p. 1175, §25; Acts 1994, No. 94-117, p. 128, §1.)
(a) All real property appraisers shall prepare written records of appraisal, review, and consulting assignments, including oral testimony and reports, and shall retain the records for a period of five years after preparation or at least two years after final disposition of any judicial proceeding in which testimony was given, whichever period expires last. The written records of an assignment are the workfile.
(b) All records required to be maintained under this article shall be made available by the real property appraiser for inspection and copying by the board on reasonable notice to the appraiser.
(Acts 1990, No. 90-639, p. 1175, §26; Acts 1994, No. 94-117, p. 128, §1; Act 2004-525, p. 1093, §1.)
There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama Real Estate Appraisers Board Fund. All receipts collected by the board under this article and any interest earned on funds in the fund shall be deposited in this fund and used only to carry out this article. The receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the executive director of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriate bills.
(Acts 1990, No. 90-639, p. 1175, §27; Acts 1994, No. 94-117, p. 128, §1.)
The Alabama Real Estate Appraisers Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the Alabama Real Estate Commission.
(Acts 1990, No. 90-639, p. 1175, §30.)
It is the intent of the Legislature of the State of Alabama that this article fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, any amendments thereto and regulations issued thereunder, and the board shall adopt administrative rules and regulations accordingly. The board shall not grant or deny a license for any classification of real estate appraiser by virtue of membership in or lack of membership in any particular appraisal organization.
(Acts 1990, No. 90-639, p. 1175, §31; Acts 1994, No. 94-117, p. 128, §1.)
(a) It is unlawful for any person or entity to engage in or attempt to engage in business as an appraisal management company, perform appraisal management services, or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first being registered by the board pursuant to this article.
(b) In the event a registration process is unavailable on October 1, 2011, an appraisal management company already conducting business in the state may continue to conduct business in accordance with this article for 120 days after a registration process is available.
(Act 2011-701, p. 2161, §3.)
(a) Application for registration under this article shall be made in writing to the board on forms prescribed by the board and shall include all of the following:
(1) The name of the applicant.
(2) The business, physical, and email address of the applicant.
(3) A telephone number and other contact information for the applicant.
(4) If the applicant is a not an Alabama domestic corporation, the name and contact information for the registered agent of the applicant for service of process in this state.
(5) The name, address, and contact information of a principal contact for the applicant.
(6) Certification that the applicant verifies that any person added to an appraiser panel of the applicant, for the purpose of appraising property within the state, holds a license in good standing in this state pursuant to Article 1.
(7) Certification that the applicant requires that all appraisers shall have geographic competency to perform an appraisal assignment.
(8) Certification that the applicant reviews the work of all appraisers that are performing real estate appraisal services for the applicant on a periodic basis to verify that the real estate appraisal services are being conducted in accordance with the Uniform Standards of Professional Appraisal Practice and Article 1.
(9) Certification that the applicant maintains records of each service request that it receives and identification of the appraiser that performs the real estate appraisal services for the applicant.
(10) Certification that the applicant has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, including the requirement that fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of the consumer.
(11) An irrevocable uniform consent to service of process.
(12) Any other information required by the board and reasonably necessary to complete registration.
(b) Upon receipt of a properly completed application for registration, the board shall issue to the applicant a certificate of registration authorizing the applicant to do business as a real estate appraisal management company in this state.
(c) Registration granted by the board pursuant to this article shall be valid for one year from the date on which it is issued.
(Act 2011-701, p. 2161, §3.)
(a) An appraisal management company applying for registration in this state may not be owned, in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, or revoked in any state. For the purposes of this subsection, indirect ownership does not include stock ownership in a publicly traded corporation. Additionally, each person who owns more than 10 percent of an appraisal management company shall, if required by the board, submit to a background investigation.
(b) An appraisal management company applying for registration in this state may not employ for the purposes of appraisal review, analysis, or performance evaluation any person who has ever had a registration, license, or certificate to act as an appraiser in this or any other state refused, denied, canceled, or revoked unless a registration, license, or certificate has subsequently been issued or reinstated by the state in which the appraisal registration, license, or certificate had been refused, denied, canceled, or revoked.
(c) An employee of an appraisal management company, or any contractor working in any capacity on behalf of an appraisal management company, that has any involvement in the actual performance of appraisal services, or the review and analysis of completed appraisals in Alabama shall be an appraiser certified in Alabama. The license classification shall qualify the employee to perform all applicable job functions.
(Act 2011-701, p. 2161, §3.)
An appraisal management company applying for registration in this state shall designate one principal contact for all communication between the board and the appraisal management company.
(Act 2011-701, p. 2161, §3.)
The board may adopt rules not inconsistent with this article which are reasonably necessary to implement, administer, and enforce this article. The requirements for an appraisal management company may be revised as necessary to comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. No. 111-203, and regulations issued thereto, or any subsequent amendments or regulations issued thereto. The board may revise any appraisal management company requirements permitted by this section by rule adopted pursuant to the Alabama Administrative Procedure Act.
(Act 2011-701, p. 2161, §3.)
(a) The board shall establish by rule fees to be charged to an appraisal management company in an amount sufficient to sustain administration of this article. The board may also establish late filing fees and other fees deemed necessary by the board for the proper administration of this article.
(b) In addition to the application fees and late filing fees, where applicable, an applicant for registration shall post with the board a surety bond in the amount of twenty-five thousand dollars ($25,000). The bond shall be annually maintained on renewal. The bond shall be in a form prescribed by the board by rule and shall accrue to the state for the benefit of a claimant against the registrant to secure the faithful performance of obligations under this article. The aggregate liability of the surety may not exceed the principal sum of the bond.
(c) An appropriate deposit of cash or security may be accepted by the board in lieu of the required bond. The face amount of the bond shall annually be restored upon renewal of registration. Annual renewal of registration shall occur before the expiration date of the registration. Failure to timely renew registration shall result in loss of authority to operate an appraisal management company in this state. Request for reinstatement after expiration shall be accompanied by the annual registration fee and any late filing fee established by board rule.
(Act 2011-701, p. 2161, §3; Act 2021-489, §1.)
(a) The board shall issue a unique registration number to each appraisal management company and shall annually publish a list of registered appraisal management companies and their corresponding registration numbers.
(b) Each appraisal management company shall include its registration number on all engagement letters for appraisals in Alabama.
(Act 2011-701, p. 2161, §3.)
An appraisal management company shall do all of the following:
(1) Annually certify to the board, on a form prescribed by the board, that the appraisal management company verifies that any person added to the appraiser panel of the appraisal management company, for the purpose of completing appraisals in this state, is licensed or certified in good standing pursuant to Article 1.
(2) Annually certify to the board, on a form prescribed by the board, that the appraisal management company periodically reviews the work of all appraisers performing appraisals and appraisal reviews for the appraisal management company to verify that the appraisals are being conducted in accordance with Uniform Standards of Professional Appraisal Practice.
(3) Annually certify to the board, on a form prescribed by the board, that the appraisal management company requires appraisers who receive assignments for appraisals and appraisal review have geographic competency.
(4) Maintain a detailed record of each service request received and each appraiser assigned to perform the appraisal. A copy of the record shall be retained for at least five years after the date the appraisal management company forwards the appraisal to the client.
(Act 2011-701, p. 2161, §3.)
(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.
(Act 2011-701, p. 2161, §3.)
An appraisal management company may not remove an appraiser from an appraiser panel without:
(1) Providing written notice to the appraiser of the reasons for removal.
(2) Providing written notice of the nature of any alleged illegal conduct or violation of Uniform Standards of Professional Appraisal Practice or state licensing standards if such is the reason for removal.
(3) Providing an opportunity for the appraiser to respond to the written notice.
(Act 2011-701, p. 2161, §3.)
(a) It is unlawful for any employee, director, officer, or agent of an appraisal management company to influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in any other manner including, but not limited to, any of the following:
(1) Withholding or threatening to withhold timely payment for an appraisal, unless the appraisal is found to be of substandard quality or noncompliant with the scope of the assignment as defined in the engagement letter.
(2) Withholding or threatening to withhold payment for an appraisal if the loan transaction is not completed.
(3) Withholding or threatening to withhold future business of, or demoting or terminating the services of, or threatening to demote or terminate the services of an appraiser.
(4) Promising future business, promotions, or increased compensation to an appraiser.
(5) Conditioning the request for an appraisal, or the payment of an appraisal fee or salary or bonus, on the opinion, conclusion, or valuation to be reached by an appraiser, or on a preliminary estimate or opinion requested from an appraiser.
(6) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the completion of an appraisal.
(7) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property, or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided.
(8) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits.
(9) Any other act or practice that impairs or attempts to impair the independence, objectivity, or impartiality of an appraiser.
(b) Nothing in subsection (a) shall be construed as prohibiting an appraisal management company from requesting that an appraiser do any of the following:
(1) Provide additional information regarding the basis for a valuation.
(2) Correct objective factual errors in an appraisal report.
(3) Consider additional verifiable information not previously known or considered by the appraiser in completing an assignment.
(c) An appraisal management company may not alter, modify, or otherwise change an appraisal report submitted by an appraiser unless required by federal or state guidelines.
(d) Any registrant having a good faith belief that a real estate appraiser licensed in this state has violated applicable law or the Uniform Standards of Professional Appraisal Practice, and the violation has had a material impact on the valuation, or has engaged in unethical conduct, shall file a complaint with the board.
(Act 2011-701, p. 2161, §3.)
The board may censure, conditionally or unconditionally suspend registration, revoke registration, levy fines, or impose civil penalties not exceeding twenty-five thousand dollars ($25,000) against any appraisal management company that the board determines is attempting to or has performed any of the following:
(1) An act in violation of this article.
(2) A violation of any rule adopted by the board in the interest of the public and consistent with this article.
(3) The procurement of registration through fraud, misrepresentation, or deceit.
(Act 2011-701, p. 2161, §3.)
(a) The board shall conduct adjudicatory proceedings for any violation of this article in accordance with the Administrative Procedure Act. Adjudicatory proceedings shall include, but not be limited to, all of the following due process protections:
(1) Before censuring, suspending, or revoking registration under this article, the board shall notify the registrant in writing of any charges at least 20 days before the date set for hearing and shall afford the registrant an opportunity to be heard in person or by counsel.
(2) The written notice shall be served by certified mail, return receipt requested, to the principal contact at the address of the registrant on file with the board.
(3) The hearing on the charges shall be at a time and place prescribed by the board, in accordance with the Administrative Procedure Act.
(4) The hearing may be conducted before a hearing officer designated by the board who shall make findings of fact, conclusions of law, and enter an adjudicatory disposition.
(5) The board shall deliver or mail any findings of fact, conclusions of law, and adjudicatory dispositions to the registrant.
(b) Nothing in this section shall prevent the resolution of a pending matter through an alternative dispute resolution process or informal settlement process adopted by the board.
(Act 2011-701, p. 2161, §3.)
This article does not apply to:
(1) A financial institution that is regulated by a federal financial institution regulatory agency or a department, division, or unit thereof. An appraisal management company that is a wholly owned subsidiary of a financial institution may not be considered a department, division, or unit within a financial institution.
(2) A person who enters into an agreement with an appraiser for the performance of an appraisal and, upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the person who requested the completion of the appraisal.
(Act 2011-701, p. 2161, §3.)
The Legislature finds and declares that the practice of respiratory therapy in Alabama affects the public health, safety, and welfare of the citizens of Alabama. It, therefore, should be subject to regulation and control, in the public interest to protect the citizenry against the unauthorized, unqualified, and improper administration of respiratory therapy and from unprofessional or unethical conduct by persons licensed to practice respiratory therapy.
(Act 2004-518, p. 1038, §1.)
As used in this chapter, the following terms shall have the following meanings:
(1) BOARD. The Alabama State Board of Respiratory Therapy.
(2) DIRECT CLINICAL SUPERVISION. A situation where a licensed respiratory therapist or physician is available for the purpose of communication, consultation, and assistance.
(3) HEALTHCARE FACILITY. The definition shall be the same as in Section 22-21-260.
(4) MEDICALLY APPROVED PROTOCOL. A detailed plan for taking specific diagnostic or treatment actions, or both, authorized by the treating physician of the patient, all of which actions shall be:
a. In a hospital or other inpatient health care facility, approved by the supervising physician of the respiratory therapist or in an outpatient treatment setting approved by the supervising physician of the respiratory therapist.
b. Except in cases of medical emergency, instituted following an evaluation of the patient by a physician or otherwise directed by the supervising physician of the respiratory therapist.
c. Consistent with the definition of the scope of practice of respiratory therapy, as established by this chapter.
(5) PHYSICIAN. A person who is a doctor of medicine or a doctor of osteopathy licensed to practice in this state.
(6) RESPIRATORY THERAPIST. A person licensed by the board to administer respiratory therapy and who has the knowledge and skills necessary to administer respiratory therapy, monitor patient responses, modify respiratory therapy based upon patient response, provide information and education to patients about deficiencies or disorders of the cardiopulmonary system, and supervise others in the delivery of appropriate respiratory therapy procedures.
(7) RESPIRATORY THERAPY OR CARE. Therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities of the cardiopulmonary system and associated aspects of other systems’ functions, given by a health care professional under the direction of a physician. The term includes, but is not limited to, the following activities conducted upon written prescription, verbal order, or medically approved protocol:
a. Direct and indirect pulmonary care services that are safe, aseptic, preventive, or restorative to the patient.
b. Direct and indirect respiratory therapy services, including, but not limited to, the administration of pharmacologic, diagnostic, and therapeutic agents related to respiratory therapy procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician.
c. Observation and monitoring of signs and symptoms, general behavior, and general physical response to respiratory therapy treatment and diagnostic testing and determination of whether such signs, symptoms, reactions, behavior, or general responses exhibit abnormal characteristics and implementation, based on observed abnormalities, of appropriate reporting or referral practices or prescribed and medically approved respiratory therapy protocols or appropriate changes in a treatment regimen, pursuant to a prescription by a physician, or the initiation of emergency procedures.
d. The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician:
Administration of medical gases, exclusive of general anesthesia.
Aerosols.
Humidification.
Environmental control systems and hyperbaric therapy.
Pharmacologic agents related to respiratory therapy procedures.
Mechanical or physiological ventilatory support.
Bronchopulmonary hygiene.
Cardiopulmonary resuscitation.
Maintenance of the natural airways.
Insertion without cutting tissues and maintenance of artificial airways.
Diagnostic and testing techniques required for implementation of respiratory therapy protocols.
Collections of specimens of blood and other body fluids including specimens from the respiratory tract.
Collection of inspired and expired gas samples.
Analysis of blood, gases, and respiratory secretions.
Measurements of ventilatory volumes, pressures, and flows.
Pulmonary function testing.
Hemodynamic and other related physiologic measurements of the cardiopulmonary system.
Respiratory telecommunications.
Cardiopulmonary disease management.
Tobacco cessation.
e. The transcription and implementation of the written and verbal orders of a physician pertaining to the practice of respiratory therapy.
f. Institution of known and medically approved protocols relating to respiratory therapy in emergency situations in the absence of immediate direction by a physician and institution of specific procedures and diagnostic testing related to respiratory therapy as ordered by a physician to assist in diagnosis, monitoring, treatment, and medical research.
g. Delivery of respiratory therapy procedures, instruction, and education of patients in the proper methods of self-care and prevention of cardiopulmonary diseases and other conditions requiring the use of respiratory therapy equipment or techniques.
(Act 2004-518, p. 1038, §2.)
(a) Except as provided in Section 34-27B-7, no person shall hold himself or herself out to be, or function as, a respiratory therapist in this state unless licensed in accordance with this chapter.
(b) In order to obtain a respiratory therapist license, an applicant shall demonstrate to the board that he or she 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, at least 18 years of age, is a high school graduate, or has the equivalent of a high school diploma, and meets one of the following requirements:
(1) Holds credentials as a registered respiratory therapist (RRT) or a certified respiratory therapist (CRT), as granted by the National Board for Respiratory Care or its successor organization.
(2) Holds a temporary license issued under subsection (d) of Section 34-27B-7 and passes the examination leading to the CRT or RRT credential.
(3) Has a valid respiratory therapist license from another state, the District of Columbia, or a territory of the United States, whose requirements for licensure are considered by the board as substantially similar to those of Alabama and who otherwise meets the reciprocity requirements established by the board.
(4) Meets the requirements of subdivision (2) of subsection (d) of Section 34-27B-7.
(5) Has been approved by the board as otherwise qualified by special training and has passed the licensure examination established by the board in subsection (c).
(c) The board shall arrange for the administration of a licensure examination administered by the state or a national agency approved by the board. The examination shall be validated and nationally recognized as testing respiratory care competencies. The board may enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading, and reporting the results of licensure examinations. Such organizations shall be capable of meeting the standards of the National Commission for Health Certifying Agencies, or its equivalent or successor organization. The board shall establish criteria for satisfactory performance on the examination.
(Act 2004-518, p. 1038, §3; Act 2008-137, p. 208, §3.)
The board shall perform the following functions:
(1) Set respiratory therapy licensure fees, including, but not limited to, application, initial, renewal, and reinstatement fees.
(2) Establish and publish minimum standards of continuing education of respiratory therapy in accordance with those standards developed and accepted by the profession.
(3) Examine for, approve, deny, revoke, suspend, and renew licensure of duly qualified applicants.
(4) Promulgate and publish rules in accordance with the Administrative Procedure Act to administer this chapter.
(5) Conduct hearings on charges calling for the denial, suspension, revocation, or refusal to renew a license.
(6) Maintain an up-to-date list of every person licensed to practice respiratory therapy pursuant to this chapter. The list shall include the last known place of residence and the state license number of the licensee.
(7) Maintain an up-to-date list of persons whose licenses have been suspended, revoked, or denied. The list shall include the name, Social Security number, type, date, and cause of action, penalty incurred, and the length of the penalty. The information on the list, except for Social Security numbers, shall be available for public inspection during reasonable business hours and the information may be shared with others as deemed necessary and acceptable by the board.
(Act 2004-518, p. 1038, §4.)
(a)(1) The Alabama State Board of Respiratory Therapy is created to implement and administer this chapter and shall be composed of six members appointed by the Governor. Three of the members shall be respiratory therapists, one member shall be the chief executive officer of a hospital, one member shall be a physician, and one member shall be a consumer.
(2) The respiratory therapist members of the board appointed by the Governor shall be selected from a list of names submitted by the Alabama Society for Respiratory Care. The list shall include two names for each appointed position to be filled. The respiratory therapist members appointed to the board shall be registered or certified by the National Board for Respiratory Care or its successor organization. Respiratory therapists appointed to the initial board must be eligible to obtain a license under this chapter. Respiratory therapists selected for subsequent appointments must be licensed by the state.
(3) The hospital member shall be selected from a list of two names submitted by the Alabama Hospital Association.
(4) The physician member appointed shall be duly licensed to practice medicine in Alabama and shall be a member of at least one of the following: The American Thoracic Society, the American College of Chest Physicians, the American Society of Anesthesiologists, or the American Academy of Pediatrics. The physician member of the board appointed by the Governor shall be selected from a list of two names submitted by the Medical Association of the State of Alabama.
(5) The consumer member appointed by the Governor shall be selected from one of the names submitted by the American Lung Association in Alabama, the Alabama Chapter of the Cystic Fibrosis Foundation, and the Alabama Asthma Coalition. Each entity shall submit one name for consideration.
(b) All board members shall be residents of Alabama and all appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.
(c) The Governor shall make the appointments for all positions for members of the board within 90 days of the date the position becomes available, including initial appointments, vacancies, and replacements at the end of the term of service.
(d) Members of the board shall have the same immunities from personal liability as state employees for actions taken in the performance of their official duties.
(e) The term of office of those members first appointed shall be as follows: Two respiratory therapists and the hospital member, as determined by the Governor, shall serve for terms of two years, and one respiratory therapist and the physician member shall serve for terms of four years. Thereafter, the term of all members, including the consumer member, shall be for four years. No member shall be appointed for more than three consecutive full terms. A vacancy in an unexpired term shall be filled in the manner of the original appointment. The board shall elect a chair and vice chair annually.
(f) The board shall meet at least twice each year at a time and place determined by the chair. A majority of the members of the board shall constitute a quorum for the transaction of business.
(g) Each member shall serve without compensation, but shall be reimbursed for travel expenses incurred in attendance at meetings of the board and any other expenses incurred on business of the board at its discretion. Board members shall also receive a per diem allowance following the guidelines for state employees. The reimbursement for expenses and per diem shall be paid from funds derived from the Alabama State Board of Respiratory Therapy Fund.”
(Act 2004-518, p. 1038, §5; Act 2021-320, §1; Act 2024-231, §3.)
There is established a separate special trust fund in the State Treasury to be known as the Alabama State Board of Respiratory Therapy Fund. All funds received by the board shall be deposited into the fund and shall be expended only to implement and administer this chapter. 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 allocated 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. Funds shall be disbursed only upon a warrant of the state Comptroller upon itemized vouchers approved by the chair. After the first three full fiscal years from May 17, 2004, and every three years thereafter, if a surplus of funds exists which is greater than two years’ operating expense, the funds shall be distributed to the General Fund.
(Act 2004-518, p. 1038, §6; Act 2008-137, p. 208, §3.)
(a) The board shall issue a respiratory therapist license to any person who meets the qualifications required by this chapter and who pays the license fee established herein.
(b) Any person who is issued a license as a respiratory therapist under this chapter may use the words “licensed respiratory therapist” or the letters “LRT” in connection with his or her name to denote his or her license.
(c) A license issued under this chapter shall be subject to biennial renewal.
(d)(1) The board may issue a six-month temporary license as a respiratory therapist to persons who have graduated from a respiratory therapy educational program accredited by the Council on Allied Health Education Programs (CAHEP) in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their successor organizations, and who have applied for and are awaiting competency examination. The temporary license shall be renewable only once for an additional six-month period if the applicant fails the examination. Exceptions may be made at the discretion of the board based upon an appeal identifying extenuating circumstances. The holder of a temporary license may only provide respiratory therapy or care activities, services, and procedures as defined in Section 34-27B-2 under the direct clinical supervision of a licensed respiratory therapist or physician.
(2) The board shall grant a license as a respiratory therapist to other persons who do not meet the qualifications for licensure pursuant to Section 34-27B-3, but who, on the effective date of the adoption of the rules and regulations of the board, are currently employed in the administration of respiratory therapy under the direction of a physician in the State of Alabama. The opportunity to apply for a respiratory therapy license issued under this subdivision shall expire 365 days after implementation of the rules of the board. Holders of these licenses shall be eligible to renew their licenses as are any other licensed respiratory therapists under this chapter.
(Act 2004-518, p. 1038, §7; Act 2006-291, p. 581, §1 (b)(2).)
(a) The board may refuse to renew a license, may suspend or revoke a license, may impose probationary conditions, or may impose an administrative fine not to exceed five hundred dollars ($500) per violation, as disciplinary actions if a licensee or applicant for licensure has been found guilty of unprofessional conduct that has endangered, or is likely to endanger, the health, welfare, or safety of the public. Unprofessional conduct includes, but is not limited to, the following:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(2) Being found guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the American Association for Respiratory Care or its successor organization.
(3) Conviction of a crime, other than a minor offense, in any court if the offense has a direct bearing on whether the person should be entrusted to serve the public in the capacity of a respiratory therapist.
(b) The board, after a hearing, may exercise the disciplinary actions authorized in subsection (a). The board shall adopt policies for the conduct of the hearings. One year after the date of the revocation of a license, application may be made to the board for reinstatement. The board shall hold a hearing to consider any application for reinstatement.
(c) The board may establish rules regarding the disciplinary actions authorized in subsection (a) in accordance with the Administrative Procedure Act.
(d) A suspended license is subject to expiration during the suspension period.
(Act 2004-518, p. 1038, §8.)
(a) A person who does not hold a license or a temporary license as a respiratory therapist or whose license or temporary license has been suspended or revoked may not do any of the following:
(1) Use in connection with the person’s practice the words “respiratory care professional,” “respiratory therapist,” “respiratory care practitioner,” “certified respiratory care practitioner,” “licensed respiratory therapist,” “inhalation therapist,” or “respiratory therapy technician”; or use the letters “R.C.P.” or “L.R.T.”; or use any other words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory therapist.
(2) Directly or by implication represent in any way that the person is a respiratory therapist.
(b) A person who holds a license or a temporary license to practice respiratory therapy under this chapter may use the title “respiratory therapist” and the abbreviation “L.R.T.”
(Act 2004-518, p. 1038, §9.)
Any person who violates this chapter, upon conviction, shall be guilty of a Class B misdemeanor.
(Act 2004-518, p. 1038, §10.)
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following:
(1) Any person who is licensed in Alabama or certified by an organization accredited by the National Commission for Certifying Agencies and acceptable to the state from engaging in the profession or occupation for which the person is licensed or certified.
(2) Any person employed by the United States government who provides respiratory therapy solely under the direction or control of the United States government agency or organization.
(3) Any person receiving clinical training while pursuing a course of study leading to registry or certification in a respiratory therapy educational program accredited by the Council on Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care or their successor organizations. This person will be under direct supervision and be designated by a title clearly indicating his or her status as a student or trainee.
(4) Any emergency medical technician licensed by the Alabama State Board of Health who is providing care to a patient at the scene of an emergency, or during transport of the patient in a licensed ground ambulance, provided that such care may not exceed the scope of care permissible under the rules of the Alabama State Board of Health.
(5) The delivery of respiratory therapy of sick or disabled persons by family members or domestic servants or the care of non-institutionalized persons by a surrogate family member as long as the persons do not represent themselves as, or hold themselves out to be, respiratory therapists.
(6) Any individual who has demonstrated competency in one or more areas covered by this chapter as long as the individual performs only those functions that he or she is qualified by examination to perform. The standards of the National Commission for Certifying Agencies, or its equivalent, shall serve as a standard with which to evaluate those examinations and examining organizations.
(7) Any person performing respiratory services or care not licensed as a respiratory therapist in accordance with this chapter who is employed in a diagnostic laboratory, physician’s office, clinic, or outpatient treatment facility and whose function is to administer treatment or perform diagnostic procedures confined to that laboratory, office, clinic, or outpatient facility under the direction of a licensed physician.
(8) Any respiratory therapy student who performs limited respiratory therapy procedures as an employee of any health care provider organization while enrolled in a respiratory therapy educational program accredited by the Council on Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care or their successor organizations. The employee shall be designated by title as a student or trainee and shall work under direct supervision.
(9) Any individual employed by a durable medical equipment or home medical equipment company who delivers, sets up, or maintains respiratory equipment, but not including assessment or evaluation of the patient.
(10) Any individual employed as a polysommagraphic technologist working in a sleep center or diagnostic sleep clinic.
(11) Any licensed respiratory therapist performing advances in the art and techniques of respiratory therapy learned through special training acceptable to the board.
(Act 2004-518, p. 1038, §11.)
(a) The board shall provide notification to all respiratory therapists employed as such or practicing respiratory therapy in Alabama on May 17, 2004. The notification shall summarize the requirements of this chapter and provide information on procedures for obtaining a license. Publication of the notification shall be accompanied by complying with all of the following requirements:
(1) A letter containing the notice shall be directed to all persons registered or certified by the National Board for Respiratory Care who reside in the State of Alabama, based on the most current mailing list of the National Board for Respiratory Care.
(2) Notice shall be published in all major state trade or professional journals relating to respiratory therapy for not less than three consecutive months.
(3) Notice shall be published in all daily newspapers in this state at least once per month for three consecutive months.
(b) The board shall cause the notices required by this section to commence within 30 days from the effective date of adoption of rules and regulations by the board.
(Act 2004-518, p. 1038, §12.)
The board shall promulgate rules necessary to implement and administer the provisions of this chapter. Rules shall be issued pursuant to the Administrative Procedure Act.
(Act 2004-518, p. 1038, §13.)
The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2008, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2004-518, p. 1038, §14.)
(a) The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to practice in other member states. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to respiratory therapy services by creating a responsible, streamlined pathway for licensees to practice in member states with the goal of improving outcomes for patients.
(2) Enhance states’ ability to protect the public’s health and safety.
(3) Promote the cooperation of member states in regulating the practice of respiratory therapy within those member states.
(4) Ease administrative burdens on states by encouraging the cooperation of member states in regulating multi-state respiratory therapy practice.
(5) Support relocating active military members and their spouses.
(6) Promote mobility and address workforce shortages.
(Act 2025-172, §2.)
As used in this compact, the following terms have the following meanings:
(1) ACTIVE MILITARY MEMBER. Any person with a full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by any state authority with regulatory authority over respiratory therapists, such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice, not including participation in an alternative program.
(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process applicable to a respiratory therapist approved by any state authority with regulatory authority over respiratory therapists. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.
(4) CHARTER MEMBER STATES. Those member states who were the first seven states to enact the compact into the laws of their state.
(5) COMMISSION or RESPIRATORY CARE INTERSTATE COMPACT COMMISSION. The-government instrumentality and body politic whose membership consists of all member states that have enacted the compact.
(6) COMMISSIONER. The individual appointed by a member state to serve as the member of the commission for that member state.
(7) COMPACT. The Respiratory Care Interstate Compact.
(8) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another member state to practice as a respiratory therapist in the remote state under the remote state’s laws and rules. The practice of respiratory therapy occurs in the member state where the patient is located at the time of the patient encounter.
(9) CRIMINAL BACKGROUND CHECK. The submission by the member state of fingerprints or other biometric-based information on license applicants at the time of initial licensing for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) or successor provision, from the Federal Bureau of Investigation and the state’s criminal history record repository, as defined in 28 C.F.R. § 20.3(f) or successor provision.
(10) DATA SYSTEM. The commission’s repository of information about licensees as further set forth in Section 34-27B-57.
(11) DOMICILE. The jurisdiction that is the licensee’s principal home for legal purposes.
(12) ENCUMBERED LICENSE. A license that a state’s respiratory therapy licensing authority has limited in any way.
(13) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them, by the commission.
(14) HOME STATE. Except as set forth in Section 34-27B-54, the member state that is the licensee’s primary domicile.
(15) HOME STATE LICENSE. An active license to practice respiratory therapy in a home state that is not an encumbered license.
(16) JURISPRUDENCE REQUIREMENT. An assessment of an individual’s knowledge of the state rules governing the practice of respiratory therapy in such state.
(17) LICENSEE. An individual who currently holds an authorization from the state to practice as a respiratory therapist.
(18) MEMBER STATE. A state that has enacted the compact and been admitted to the commission in accordance with the provisions of this compact and commission rules.
(19) MODEL COMPACT. The model for the Respiratory Care Interstate Compact on file with The Council of State Governments or other entity as designated by the commission.
(20) REMOTE STATE. A member state where a licensee is exercising or seeking to exercise the compact privilege.
(21) RESPIRATORY THERAPIST or RESPIRATORY CARE PRACTITIONER. An individual who holds a credential issued by the National Board for Respiratory Care, or its successor, and who holds a license to practice respiratory therapy, and who meets all of the requirements outlined in Section 34-27B-3. For purposes of this compact, any other title or status adopted by a state to replace the term “respiratory therapist” or “respiratory care practitioner” shall be deemed synonymous with “respiratory therapist” and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.
(22) RESPIRATORY THERAPY, RESPIRATORY THERAPY PRACTICE, RESPIRATORY CARE, THE PRACTICE OF RESPIRATORY CARE, or THE PRACTICE OF RESPIRATORY THERAPY. The care and services provided by or under the direction and supervision of a respiratory therapist or respiratory care practitioner as set forth in the member state’s statutes and rules in the state where the services are being provided.
(23) RESPIRATORY THERAPY LICENSING AUTHORITY. The agency, board, or other body of a state that is responsible for licensing and the regulation of respiratory therapists.
(24) RULE. A regulation adopted by an entity that has the force and effect of law.
(25) SCOPE OF PRACTICE. The procedures, actions, and processes a respiratory therapist licensed in a state or practicing under a compact privilege in a state is permitted to undertake in that state and the circumstances under which the respiratory therapist is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statutes, rules, case law, and other processes available to the state respiratory therapy licensing authority or other government agency.
(26) SIGNIFICANT INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a state respiratory therapy licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or rule that is considered more than a minor infraction for which the state respiratory therapy licensing authority could pursue adverse action against the licensee.
(27) STATE. Any state, commonwealth, district, or territory of the United States.
(Act 2025-172, §2.)
(a) In order to participate in this compact and thereafter continue as a member state, a member state shall do all of the following:
(1) Enact a compact that is not materially different from the model compact.
(2) License respiratory therapists.
(3) Participate in the commission’s data system.
(4) Have a mechanism in place for receiving and investigating complaints against licensees and compact privilege holders.
(5) Notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee, a compact privilege holder, or a license applicant.
(6) Notify the commission, in compliance with the terms of this compact and commission rules, of the existence of significant investigative information.
(7) Comply with the rules of the commission.
(8) Grant the compact privilege to a holder of an active home state license and otherwise meet the applicable requirements of Section 34-27B-53 in a member state.
(9) Complete a criminal background check for each new licensee at the time of initial licensure. Where expressly authorized or permitted by federal law, whether such federal law is in effect prior to, at, or after the time of a member state’s enactment of this compact, a member state’s enactment of this compact shall hereby authorize the member state’s respiratory therapy licensing authority to perform criminal background checks as defined herein. The absence of such a federal law as described in this subsection shall not prevent or preclude such authorization where it may be derived or granted through means other than the enactment of this compact.
(b) Nothing in this compact prohibits a member state from charging a fee for granting and renewing the compact privilege.
(Act 2025-172, §2.)
(a) To exercise the compact privilege under the terms and provisions of this compact, the licensee shall do all of the following:
(1) Hold and maintain an active home state license as a respiratory therapist.
(2) Hold and maintain an active credential from the National Board for Respiratory Care, or its successor, that would qualify them for licensure in the remote state in which they are seeking the privilege.
(3) Have not had any adverse action against a license within the previous two years.
(4) Notify the commission that the licensee is seeking the compact privilege within a remote state or states.
(5) Pay any applicable fees, including any state and commission fees and renewal fees, for the compact privilege.
(6) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege.
(7) Report to the commission any adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(8) Report to the commission, when applying for a compact privilege, the address of the licensee’s domicile and thereafter promptly report to the commission any change in the address of the licensee’s domicile within 30 days of the effective date of the change in address.
(9) Consent to accept service of process by U.S. mail at the licensee’s domicile on record with the commission with respect to any action brought against the licensee by the commission or a member state, and consent to accept service of a subpoena by U.S. mail at the licensee’s domicile on record with the commission with respect to any action brought or investigation conducted by the commission or a member state.
(b) The compact privilege is valid until the expiration date or revocation of the home state license unless terminated pursuant to adverse action. The licensee must comply with all of the requirements of subsection (a) to maintain the compact privilege in a remote state. If those requirements are met, no adverse actions are taken, and the licensee has paid any applicable compact privilege renewal fees, then the licensee shall maintain the licensee’s compact privilege.
(c) A licensee providing respiratory therapy in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for the type of respiratory therapist license the licensee holds. Such procedures, actions, processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, rules, case law, and other processes available to the state respiratory therapy licensing authority or other government agency.
(d) If a licensee’s compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in that remote state until the compact privilege is no longer limited or restricted by that state.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in all remote states until both of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date on which the license is no longer encumbered due to the adverse action.
(f) Once a licensee with a restricted or limited license meets the requirements of subsection (e), the licensee must also meet the requirements of subsection (a) to obtain a compact privilege in a remote state.
(Act 2025-172, §2.)
(a) An active military member or their 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.
(b) An active military member and their spouse shall not be required to pay to the commission for a compact privilege any fee that may otherwise be charged by the commission. If a remote state chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or no fee to an active military member and their spouse for a compact privilege.
(Act 2025-172, §2.)
(a) A member state in which a licensee is licensed shall have authority to impose adverse action against the license issued by that member state.
(b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long as the member state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws.
(d) A remote state shall have the authority to:
(1) Take adverse actions as set forth in this compact against a licensee’s compact privilege in that state.
(2) Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses, and the production of evidence.
a. Subpoenas may be issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses and the production of evidence.
b. Subpoenas issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses shall be enforced in the latter state by any court of competent jurisdiction in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.
c. Subpoenas issued by a respiratory therapy licensing authority in a member state for production of evidence from another member state shall be enforced in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in the proceedings pending before it.
d. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.
(3) Unless otherwise prohibited by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(4) Notwithstanding subdivision (d)(2), a member state may not issue a subpoena to gather evidence of conduct in another member state which is lawful in such other member state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that member state.
(5) Nothing in this compact authorizes a member state to impose discipline against a respiratory therapist’s compact privilege in that member state for the individual’s otherwise lawful practice in another state.
(e) Joint investigations.
(1) In addition to the authority granted to a member state by its respective Respiratory Therapy Practice Act or other applicable state law, a member state may participate with other member states in joint investigations of licensees; provided, however, that a member state receiving such a request has no obligation to respond to any subpoena issued regarding an investigation of conduct or practice that was lawful in a member state at the time it was undertaken.
(2) Member states shall share any significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. In sharing such information between member state respiratory therapy licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving member state or states.
(f) Nothing in this compact permits a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time it was undertaken.
(g) Nothing in this compact permits a member state to take disciplinary action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time it was undertaken.
(Act 2025-172, §2.)
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Respiratory Care Interstate Compact Commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of this compact, as set forth in Section 34-27B-60.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one commissioner selected by that member state’s respiratory therapy licensing authority.
(2) The commissioner shall be an administrator or their designated staff member of the member state’s respiratory therapy licensing authority.
(3) The commission, by rule or bylaw, shall establish a term of office for commissioners and, by rule or bylaw, may establish term limits.
(4) The commission may recommend to a member state the removal or suspension of any commissioner from office.
(5) A member state’s respiratory therapy licensing authority shall fill any vacancy of its commissioner occurring on the commission within 60 days of the vacancy.
(6) Each commissioner shall be entitled to one vote on all matters before the commission requiring a vote by commissioners.
(7) A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners to meet by telecommunication, video conference, or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.
(c) The commission shall have all of the following powers:
(1) Establish and amend the fiscal year of the commission.
(2) Establish and amend bylaws and policies, including, but not limited to, a code of conduct and conflict of interest.
(3) Establish and amend rules, which shall be binding in all member states.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws.
(6) Initiate and conduct legal proceedings or actions in the name of the commission; provided, that the standing of any respiratory therapy licensing authority to sue or be sued under applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf.
(8) Purchase and maintain insurance and bonds.
(9) Accept or contract for services of personnel, including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times:
a. The commission shall avoid any appearance of impropriety.
b. The commission shall avoid any appearance of conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(16) Establish a budget and make expenditures.
(17) Borrow money in a fiscally responsible manner.
(18) Appoint committees, including standing committees, composed of commissioners, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(19) Provide and receive information from, and cooperate with, law enforcement agencies.
(20) Establish and elect an executive committee, including a chair, vice chair, secretary, treasurer, and such other offices as the commission shall establish by rule or bylaw.
(21) Enter into contracts or arrangements for the management of the affairs of the commission.
(22) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The Executive Committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following:
a. Overseeing the day-to-day activities of the administration of this compact, including enforcement and compliance with the provisions of this compact, its rules and bylaws, and other such duties as deemed necessary.
b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.
c. Ensuring compact administration services are appropriately provided, including by contract.
d. Preparing and recommending the budget.
e. Maintaining financial records on behalf of the commission.
f. Monitoring compact compliance of member states and providing compliance reports to the commission.
g. Establishing additional committees as necessary.
h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw.
i. Performing other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to nine members, as further set forth in the bylaws of the commission:
a. Seven voting members who are elected by the commission from the current membership of the commission; and
b. Two ex officio, nonvoting members.
(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subdivision (f)(4).
b. The executive committee shall give advance notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.
c. The executive committee may hold a special meeting in accordance with subdivision (f)(2).
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission.
(1) All meetings of the commission which are not closed pursuant to subdivision (4) shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.
(2) Notwithstanding subdivision (1), the commission may convene an emergency public meeting by providing at least 24-hours’ prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 34-27B-58(g). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
(4) The commission or the executive committee may convene in a closed, nonpublic meeting for the commission or executive committee to receive or solicit legal advice or to discuss any of the following:
a. Noncompliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.
c. Current or threatened discipline of a licensee or compact privilege holder by the commission or by a member state’s respiratory therapy licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any person of a crime or formally censuring any person.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by, or on behalf of or for use of, the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
k. Legal advice.
l. Matters specifically exempted from disclosure by federal or member state law.
m. Other matters as adopted by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(6) The commission shall keep minutes in accordance with commission rules and bylaws. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided herein.
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff. The aggregate annual assessment amount for member states, if any, shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds or a loan adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(2) The member states, commissioners, officers, executive directors, employees, and agents of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or which the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(3) The commission shall defend any commissioner, officer, executive director, employee, and agent of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.
(4) The commission shall indemnify and hold harmless any commissioner, member, officer, executive director, employee, and agent of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or rule.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
(Act 2025-172, §2.)
(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system as required by the rules of the commission, including, but not limited to, all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a licensee, license applicant, or compact privilege holder and information related thereto.
(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law.
(5) Any denial of application for licensure, and the reason or reasons for such denial.
(6) The presence of current significant investigative information.
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(c) No member state shall submit any information which constitutes criminal history record information, as defined by applicable federal law, to the data system established hereunder.
(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) Significant 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 report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will 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 which is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
(Act 2025-172, §2.)
(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) For purposes of the compact, the rules of the commission shall have the force of law in each member state.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified in each rule.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) To persons who have requested notice of the commission’s notices of proposed rulemaking; and
(3) In such other way or ways as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include all of the following:
(1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule.
(2) If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
(3) The text of the proposed rule and the reason therefore.
(4) A request for comments on the proposed rule from any interested person.
(5) The manner in which interested persons may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) 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.
(k) The commission, by majority vote of all commissioners, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule, provided the changes are consistent with the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours’ notice, and with opportunity to comment; 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:
(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 a rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule 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 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.
(n)(1) No member state’s rulemaking process or procedural requirements shall apply to the commission.
(2) The commission shall have no authority over any member state’s rulemaking process or procedural requirements that do not pertain to the compact.
(o) 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 respiratory therapy in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.
(Act 2025-172, §2.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s respiratory therapy licensing authority, and each of the member states’ respiratory therapy licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination, if necessary.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees and compact privilege holders, of which the commission has a record, within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to this compact which arise among member states and between member and nonmember states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(j) Enforcement.
(1) By majority vote, as may be further provided by rule, the commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. A member state by enactment of this compact consents to venue and jurisdiction in such court for the purposes set forth herein. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.
(2) A member state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the commission.
(Act 2025-172, §2.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states referred to as “charter member states” to determine if the statute enacted by each charter member state is materially different than the model compact.
a. A charter member state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in Section 34-27B-59.
b. If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting this compact subsequent to the seven initial charter member states shall be subject to the process set forth herein and commission rule to determine if their enactments are materially different from the model compact and whether they qualify for participation in this compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. The commission shall own and have all rights to any intellectual property developed on behalf or in furtherance of the commission by individuals or entities involved in organizing or establishing the commission, as may be further set forth in rules of the commission.
(4) Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the date this compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s respiratory therapy licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees and compact privilege holders, of which the commission has a record, within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2025-172, §2.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-27B-59, terminate a member state’s participation in the compact, if the commission determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2025-172, §2.)
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict, including any subsequently enacted state laws.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(d) Other than as expressly set forth herein, nothing in this compact will impact initial licensure.
(e) Nothing in this compact shall be interpreted to modify, amend, repeal, or supersede any state criminal or civil liability laws.
(f) In the event the commission adopts rules to coordinate the implementation or administration of this compact which conflict with Alabama law, Alabama law shall supersede those rules, and Alabama state courts shall retain sole jurisdiction to determine any conflicts.
(g) Alabama state courts shall retain sole jurisdiction to determine whether provisions of this compact are in conflict with state laws or the Constitution of Alabama of 2022.
(h) 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.
(Act 2025-172, §2.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ARMED SECURITY OFFICER. An individual whose principal duty is that of a security officer and who at any time wears, carries, possesses, or has access to a firearm in the performance of his or her duties.
(2) BOARD. The Alabama Security Regulatory Board.
(3) CERTIFICATION CARD or LICENSURE CARD. The identification card issued by the board to an individual as evidence that he or she has met the basic qualifications required by this chapter and is currently certified or licensed with the board to perform the duties of a security officer.
(4) CERTIFIED TRAINER. Any person approved and certified by the board as qualified to administer, and certify as to the successful completion of, the basic training requirements for security officers required by this chapter.
(5) CONTRACT SECURITY COMPANY. Any individual, firm, association, company, partnership, limited liability company, corporation, institution, or similar business entity engaged in the business of providing, or which undertakes to provide, a security officer on a contractual basis to another person or entity. The security officer provided by a contract security company is a contract security officer. In addition, any person who provides security services for more than one employer in any one week period, except for a permanent change of employment, shall be deemed to be engaged in the contract security company business and shall be licensed pursuant to this chapter.
(6) EMPLOYER-EMPLOYEE RELATIONSHIP. The performance of any service for wages or under any contract of hire, written, oral, expressed, or implied by an individual, provided the employer has control or direction over the performance of the employee and provided the service is performed personally by the employee.
(7) LICENSEE. Any person or contract security company to which a license is granted in accordance with this chapter.
(8) PUBLIC ENTITY. The federal government, the state, or any political subdivision, agency, department, branch, or service of either the state or federal government, or any county or municipality, or any other unit of local government.
(9) SECURITY OFFICER.
a. A person employed under contract, whose principal purpose is to protect a person or persons or property from criminal activity, and whose duties include, but are not limited to, the following:
The detection and prevention of unauthorized intrusion or entry, larceny, vandalism, abuse, arson, or trespass on private property.
The prevention, observation, or detection of any unauthorized activity on private property.
The control, regulation, or direction of the flow or movements of individuals, whether by vehicle, on foot, or otherwise.
b. The term does not include persons whose duties are limited to custodial duties or the reporting of violations of inhouse administrative regulations only, and who do not wear a security uniform.
(10) SWORN PEACE OFFICER. Any individual who derives plenary or special law enforcement powers from, and is an employee of, or certified by, the federal government, the state, or any political subdivision, agency, department, branch, or service of either, or of any county or municipality, or of any other unit of local government.
(Act 2009-640, p. 1960, §1; Act 2019-230, §1.)
(a) The Alabama Security Regulatory Board is created. Each member of the board shall be a citizen of the United States and a resident of this state, and the appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The board shall consist of the following members:
(1) Two members appointed by the Governor. The appointees shall not be qualified to be licensed under this chapter, not be engaged in the rendering of contract security service for a minimum of three years prior to appointment, not be employed by or affiliated with any other member of the board, and shall have served for five or more years in a supervisory position in law enforcement in any municipality, county, state, or district attorney’s office. The members appointed by the Governor shall be selected from a list of names submitted by a recognized security association such as the American Society of Industrial Security (ASIS), the National Association of Security Companies (NASCO), or any state or private security service association that may be organized.
(2) One member appointed by the Lieutenant Governor. The appointee shall represent consumers and shall not be engaged in the rendering of contract security service, and not employed by, related to, or affiliated with any other member of the board or licensee of the board.
(3) One member appointed by the Speaker of the House of Representatives. The appointee shall be from an entity that employs, or has an employer-employee relationship with, a contract security company.
(4) One member appointed by the Attorney General. The appointee shall be selected from a list of names submitted by the Alabama Sheriffs Association.
(b) Unless otherwise provided in subsection (a), board members shall serve three-year terms of office. A vacancy in any board position shall be filled for the duration of the unexpired term in the same manner as the original appointment. Should an appointing authority fail to make an appointment to fill an unexpired or new term within 60 days after receiving notice from the board of the vacancy, the board shall make the appointment of a qualified individual within the appropriate category by majority vote of the board members present. The board shall annually elect a chair from among the membership of the board at its first meeting. The board shall meet on a quarterly basis at a date, time, and place designated by the chair. Actual expenses incurred by board members in the performance of duties on behalf of the board shall be reimbursed from the funds of the board. Decisions of the board shall be determined by a majority vote of the board members present and voting.
(c) The members of the board shall receive up to three hundred dollars ($300) per day, for a maximum of 12 days per year, while performing their official duties, in addition to the same per diem and mileage as provided to state employees.
(d) The board 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, 2011, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2009-640, p. 1960, §2; Act 2011-174, p. 339, §3; Act 2019-230, §1; Act 2023-470, §1.)
(a) The board shall have the following powers:
(1) In accordance with the Administrative Procedure Act, to adopt rules not in conflict with the laws of this state which are reasonable, proper, and necessary to carry out the functions of the board in the regulation of persons engaged in providing security officers within this state. Any interested person may petition the board to adopt, amend, or repeal any rule and the board shall prescribe by rule any necessary forms for petitions and procedures for submission, consideration, and disposition of petitions.
(2) To enforce compliance with this chapter.
(3) To establish rules and procedures for the preparation and processing of examinations, applications, license certificates, certification cards, licensure cards, renewals, appeals, hearings, and rulemaking proceedings.
(4) To determine the qualifications of licensees, certified trainers, and security officers consistent with this chapter.
(5) To levy and collect fees in amounts determined necessary by the board for licensing, application processing, background checks, including fingerprints, inspections, investigations, and hearings.
(6) To employ or contract for necessary personnel, including a director, pursuant to the state Merit System, provided such persons are employed by the board on a full-time basis exceeding 32 hours per calendar week, and provide for necessary offices, supplies, and equipment to fulfill the requirements of this chapter.
(7) To delegate its power and duties by resolution to a named designee.
(8) To enter into contracts and expend funds of the board to fulfill the requirements of this chapter.
(9) To borrow money.
(10) To work with the Attorney General and other law enforcement agencies to prohibit and punish any violation of this chapter.
(11) To establish volunteer procedures for those persons or businesses that are exempt from this chapter.
(12) To engage in dialogue and to enter into reciprocal licensing agreements with governmental entities in other states that supervise and regulate the provision of private contract security services in order to ensure that security officers and armed security officers licensed by the State of Alabama have full reciprocity to operate in other states.
(13) Upon the declaration of the Governor of a state of emergency, to authorize the operation of out-of-state contract security companies and staff within the state for the duration of the state of emergency, and up to a maximum of 30 days after the expiration of the state of emergency. To be eligible to operate within the state pursuant to this subdivision, the out-of-state contract security company shall satisfy all of the following requirements:
a. Be licensed in another state in which the qualifications, insurance, training, and other requirements for licensure are substantially similar to those required by this chapter, as determined by the board.
b. Provide notice to the board of an intention to operate in the state and submit to the board any information requested by the board.
(14) To inspect the business premises of any licensee, licensed contract security company, or unlicensed contract security company during normal business hours.
(15) To hold hearings, conduct investigations, subpoena witnesses, subpoena documents, administer oaths, and take testimony as necessary to provide for the implementation of this chapter.
(b) All powers granted in this chapter and any other powers granted to the board are public and governmental functions, exercised for a public purpose, and matters of public necessity.
(Act 2009-640, p. 1960, §3; Act 2013-349, p. 1248, §1; Act 2019-230, §1.)
(a) Commencing on May 21, 2009, any security officer, armed security officer, or contract security company providing private security services in this state shall apply to the board for a license or certification. Any security officer, armed security officer, or contract security company providing security services in this state before May 21, 2009, may continue to engage in business operations pending a final determination by the board, provided the security officer, armed security officer, or contract security company files an application for license. This chapter shall not abrogate the terms of a contract existing on May 21, 2009.
(b) An application for licensure or certification shall include all of the following information:
(1) The full name, home address, post office box, and actual street address of the business of the applicant.
(2) The name under which the applicant intends to do business.
(3) The full name and address of any partners in the business, principal officers, directors, and business manager, if applicable.
(4) The names of at least three unrelated and disinterested individuals to be used as references for board inquiries regarding the character, standing, and reputation of the applicant.
(5) Any other information, evidence, statements, or documents as may be required by the board.
(c)(1) A contract security company applying for a license or certification shall include proof that the business entity has at least one individual in its employ serving as a qualifying agent who is licensed by the board as a security officer and, in addition to meeting the requirements of subsection (d), possesses three years of experience as a manager, supervisor, or administrator with a contract security company or possesses three years of supervisory experience with any federal, military, state, county, or municipal law enforcement agency.
(2) No individual may serve as the qualifying agent for more than one contract security company without prior written approval of the board.
(3) A contract security company shall notify the board within 10 working days if the qualifying agent for the company ceases to perform his or her duties as qualifying agent and shall obtain a substitute qualifying agent within 30 days after the original qualifying agent ceases to serve. The board may grant an extension to the company for good cause, for not more than three months.
(d) Every applicant for licensure or certification shall provide the following to the board:
(1) Proof that the applicant is 21 years of age or older, or 18 years of age if the individual is not allowed to carry any type of firearm in the course of his or her employment with the contract security company.
(2) Proof that the applicant is a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government.
(3) A statement of the applicant, made under oath, declaring all of the following:
a. That he or she has never been convicted in any jurisdiction of the United States of any felony or crime involving moral turpitude for which a full pardon has not been granted.
b. That he or she has never been declared, by any court of competent jurisdiction, incompetent by reason of mental defect or disease, and competency has not been restored.
c. That he or she is not suffering from habitual drunkenness or from narcotics addiction or dependence. The board may require certified results of medical tests for drug or alcohol use.
(e)(1) In addition to the requirements of subsection (d), an applicant for licensure or certification, or renewal of licensure or certification, shall submit to the board a form, sworn to by the applicant, containing the name, date of birth, and Social Security number for completion of a criminal history background check. The applicant shall submit two complete sets of fingerprints to the board. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency (ALEA) for a state criminal history record check. The fingerprints shall be forwarded by ALEA to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check for initial licensure or certification, or for the renewal of licensure or certification, shall be borne by the applicant. The board shall keep information received pursuant to this section confidential, except that the information received and relied upon in denying the issuance of a certificate of qualification for a license or certification to a security officer in this state may be disclosed if necessary to support the denial of the license or certification, if required by court order, or for any other reason allowed by law.
(2) In addition to the requirements of subsection (d), an applicant for renewal of licensure or certification shall complete a supplemental criminal history background check approved by the board.
(f) Applications for licensure and certification shall be filed with the board on a form developed by the board. The board shall prescribe the procedures and methods of submission, consideration, and disposition of applications. An applicant corporation incorporated under the laws of this state or any other state shall be required to qualify with a certificate of authority issued by the Secretary of State and shall designate an agent for service of process. The applicant shall be issued a license or denied a license in writing within a reasonable period after receipt by the board of all required information.
(g)(l) Each contract security company requesting or renewing a license shall pay a security license fee upon application to be determined by the board that does not exceed three hundred fifty dollars ($350) and may not be increased more than fifty dollars ($50) per licensing period. A license shall expire on September 30 and an application for renewal shall be submitted to the board before October 1. A renewal application may not be accepted by the board after October 31. The board may impose a reasonable late fee on renewals not filed by October 1. The board shall promptly notify an applicant if the board refuses to issue or renew a license or certification. If the board refuses to issue or renew a license or certification, the applicant or licensee may appeal the decision of the board and may request a hearing, in accordance with the rules of the board and the Administrative Procedure Act. A licensee may continue to engage in the security business while his or her appeal or renewal application is pending. The board may impose a reasonable late fee on any renewal that is not filed before the expiration date of the license.
(2) Each security officer or armed security officer requesting or renewing a license or certification shall pay a nonrefundable security license fee to the board upon application to be determined by the board that does not exceed one hundred dollars ($100) and may not be increased more than twenty-five dollars ($25) per licensing period. The license or certification issued to a security officer or armed security officer shall expire two years from the date of issuance. If the board refuses to issue or renew a license or certification, the applicant or licensee shall be promptly notified. If the board refuses to issue or renew a license or certification, the applicant or licensee may appeal the decision of the board and may request a hearing, in accordance with the rules of the board and the Administrative Procedure Act. A licensee may continue to serve as a security officer or armed security officer while his or her appeal or renewal application is pending. The board may impose a reasonable late fee on renewals not filed before the date of expiration of the license.
(h) No license or certification issued pursuant to this chapter shall be assigned or transferred by operation of law or in any other manner. A new license for an assignee or transferee of a business shall be applied for using the same procedures and requirements as set forth in this chapter for an initial license or certification applicant. The security operation of a security company may continue until the final disposition of the pending license or certification application.
(i) The current license or certificate or duplicate copy of the license or certificate shall be posted and displayed at all times at all business offices of the licensee within the state.
(j) The board shall be notified within 30 days of any changes in officers, directors, or management of a licensee or any changes that may reasonably affect the right of a licensee to hold a license or certificate under this chapter.
(Act 2009-640, p. 1960, §4; Act 2011-174, p. 339, §3; Act 2013-349, p. 1248, §1; Act 2019-230, §1; Act 2023-470, §1.)
(a) The board may refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license or certification for any violation of this chapter or rule of the board.
(b) In the event of a denial, probation, revocation, or suspension of a license, an applicant or a licensee shall be notified of the action of the board. The applicant or licensee may request a hearing and appeal the decision of the board in accordance with rules of the board and the Administrative Procedure Act. The licensee shall cease to provide security services to clients immediately upon receipt of a final notice from the board of revocation or suspension of its license or certification.
(c) The board may grant a stay or postponement of probation or a revocation or suspension under certain circumstances and with certain conditions attached, upon a majority vote of the board.
(Act 2009-640, p. 1960, §5; Act 2019-230, §1.)
(a) Contract security company licensees shall file certificates of insurance with the board certifying coverage. The minimum amount of coverage shall be two million dollars ($2,000,000) for bodily or personal injury and two hundred thousand dollars ($200,000) for property damage. There shall be included endorsements for general liability, personal injury, and workers’ compensation.
(b) An insurance policy may not be modified or cancelled without 30 days’ prior notice to the board. The insurance company shall be licensed in this state, or in the state in which the insurance is purchased, with the name of a designated agent for service filed in the office of the Secretary of State.
(Act 2009-640, p. 1960, §6.)
(a) Within 30 days after initial employment, a security officer or armed security officer shall apply to the board for a license or certification. On or after May 21, 2009, all security officers or armed security officers not exempted under Section 34-27C-17, shall apply to the board for a license or certification in accordance with this chapter. A license or certification card issued by the board shall be carried by each security officer and armed security officer while performing his or her duties. A temporary card shall be issued by the board and be in the possession of the applicant or licensee while working as a security officer or armed security officer pending the application process, the completion of training, and the issuance of his or her license or certification. Licensure and certification shall be renewed every two years on the date on which original licensure or certification was granted. A contract security company that employs a security officer or armed security officer who is in violation of this subsection shall be in violation of this chapter.
(b) Each applicant for licensure or certification or renewal of licensure or certification shall submit to the board, within 30 days after initial employment or 30 days before licensure or certification expiration, the appropriate form as developed by the board, a fee of twenty-five dollars ($25), and proof of completion of a certified training program or refresher course.
(c) Licensure or certification shall be denied or not renewed if a security officer or armed security officer does not meet the standards of a security officer or armed security officer established by the board pursuant to this chapter. In the event of denial or nonrenewal of a license or certification by the board, the applicant may appeal the action of the board. Upon receipt of a notice of appeal from the applicant, the board shall set a hearing date and promptly notify the applicant of the hearing date. The hearing shall be held in accordance with the rules of the board and the Administrative Procedure Act.
(d) A contract security company shall notify the board within 10 days after discovering any adverse information pertaining to the eligibility of an individual to be licensed or certified or any adverse information that may affect the licensure or certification status of a security officer or armed security officer.
(e) The board may issue a license or certification to a security officer who has been licensed or certified as a security officer in another state if the board determines that the applicant is currently a resident of this state and the qualifying and training requirements of the issuing state are equivalent, or substantially similar, to those required by this chapter.
(f) A security officer or armed security officer who works as such for six months or less per year may pay a one-time fee for special licensure by the board. Any security officer or armed security officer who works as such for more than six months in a year shall be subject to all fees and requirements of this chapter. The board, by rule, may establish the one time fee that may not exceed one hundred dollars ($100).
(Act 2009-640, p. 1960, §7; Act 2013-349, p. 1248, §1; Act 2019-230, §1.)
(a) A person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved training with a certified trainer. Initial board approved training shall consist of a minimum of eight hours. Specific initial training requirements may be outlined, defined, and modified by board rule.
(b) After initial licensure or certification in accordance with this chapter, security officers and armed security officers shall complete board approved refresher training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.
(c) In addition to the requirements of subsections (a) and (b), a person seeking initial licensure or certification as an armed security officer shall have completed board approved firearms safety training. Specific requirements for firearms safety training may be outlined, defined, and modified by board rule.
(d) After initial licensure or certification, an armed security officer shall complete board approved refresher firearms safety training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.
(e) In addition to the requirements of subsections (a) to (d), inclusive, a person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved use of force training. Specific requirements for use of force training may be outlined, defined, and modified by board rule.
(f) After initial licensure or certification, security officers and armed security officers shall complete board approved refresher use of force training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.
(g) The following persons are exempt from the basic training requirements of subsections (a) to (f), inclusive, except to the extent set forth below:
(1) Any security officer or armed security officer who, within three years before applying for licensure or certification, completed basic security training through a military, government, or security training institute that meets or exceeds the training required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.
(2) Any security officer or armed security officer employed by a contract security company that has a training curriculum and standards that the board determines, upon presentation of proof of training, meet or exceed those required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.
(3) Any person who is employed as a sworn peace officer.
(h) The minimum training standards provided in this section are in addition to any qualifications required by an employing contract security company.
(Act 2009-640, p. 1960, §8; Act 2019-230, §1.)
Any person conducting training of security officers shall be licensed or certified as a certified trainer by the board. Any person seeking licensure or certification as a certified trainer shall pay all fees required by the board and meet all of the following qualifications:
(1) Be 21 years of age or older.
(2) Have a minimum of two years of supervisory experience with a contract security company, a proprietary company, or in federal, state, county, or municipal law enforcement.
(3) Have a minimum of one year of experience in teaching security-related courses or have attended a board approved two-week instructor’s course.
(4) Submit proof of compliance with all instruction and training requirements established by the board.
(Act 2009-640, p. 1960, §9; Act 2015-100, p. 315, §3; Act 2019-230, §1.)
(a) A contract security company, at the request of a security officer in its employ, may withhold from the wages of the security officer those amounts necessary to pay for the licensure or certification fees, uniforms, or other required equipment of the security officer.
(b) A reasonable deposit may be required of a security officer by an employer to ensure the return of uniforms and equipment. The total amount of deposit required under this section may not exceed the actual cost of uniforms and equipment provided to the security officer.
(Act 2009-640, p. 1960, §10; Act 2019-230, §1.)
An armed security officer shall apply for and have his or her pistol permit issued by the sheriff of the county of his or her residence. It is a violation of this chapter for any security officer to carry a firearm in the performance of his or her duties without holding a valid license or certification card for an armed security officer issued by the board.
(Act 2009-640, p. 1960, §11; Act 2019-230, §1.)
(a) It is unlawful for any person or entity to do any of the following:
(1) Issue a shield or badge not in conformance with this chapter. Except for sworn peace officers, no person or entity shall wear or display any badge, insignia, device, shield, patch, or pattern containing words which would indicate that he or she is a sworn peace officer or that includes the Great Seal of the State of Alabama. The words “security officer,” or a similar term, shall be displayed on any badge, insignia, device, shield, patch, or pattern worn by a security officer or armed security officer. Except for the vehicle of a sworn peace officer, no vehicle used by a security officer or an armed security officer shall have any equipment or markings denoting a law enforcement vehicle.
(2) Publish, advertise, use printed letterhead or circulars, or give statements, or use words or phrases which in any way suggest or imply that the security officer, armed security officer, or contract security company is a law enforcement organization or sworn peace officer, or an official of the state or federal government.
(3) Designate an individual meeting the definition of a security officer or armed security officer as anything other than a security officer or armed security officer.
(4) Knowingly make or provide false statements to the board or omit any document or information required to be filed with the board.
(5) Falsely represent a person to be a holder of a license or certification card.
(6) Engage in criminal conduct that would prohibit licensing or certification.
(b) In addition to subsection (a), it shall be unlawful for a security officer, armed security officer, or contract security company to do any of the following:
(1) Fail to comply with or violate this chapter and the rules of the board.
(2) Divulge to anyone other than his or her employer, unless required by law, any information that would jeopardize the property for which he or she is providing security.
(3) Fail to return his or her license or certification card, or license or certification of the contract security company, to the board, if required.
(4) Possess a certification card or licensure card issued to any other person.
(5) Use a badge or shield not in conformance with this chapter.
(Act 2009-640, p. 1960, §12; Act 2019-230, §1.)
(a) A violation of this chapter by a security officer or an armed security officer shall be punishable by a fine of not less than seventy-five dollars ($75) nor more than five thousand dollars ($5,000) per violation and may result in the probation, revocation, or suspension of the license or certification, or both, of the violator.
(b) Any person who practices or offers to practice as a security officer or an armed security officer in this state without a license or certification issued and approved by the board shall be guilty of a Class A misdemeanor.
(Act 2009-640, p. 1960, §13; Act 2019-230, §1.)
Any person or entity aggrieved by any final action of the board may appeal to the Circuit Court of Montgomery County.
(Act 2009-640, p. 1960, §14; Act 2013-349, p. 1248, §1.)
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.
(Act 2009-640, p. 1960, §15.)
To the extent that other states which provide for licensing and certification of any security officer, armed security officer, or contract security company provide for similar action for citizens of this state, the board may grant a license or certification to a nonresident or out-of-state contract security company who holds a valid license or certification of the same type from another state upon satisfactory proof furnished to the board that the standards of licensure or certification in the other state are equivalent or substantially similar to those prevailing in this state.
(Act 2009-640, p. 1960, §16; Act 2019-230, §1.)
The following persons and entities, including affiliated entities under common control, are exempt from this chapter:
(1) Any person or entity that uses the employees of the person or entity for security services.
(2) Any employee who provides security services only for his or her employer and not for any third party.
(3) A sworn peace officer.
(Act 2009-640, p. 1960, §17; Act 2013-349, p. 1248, §1; Act 2019-230, §1.)
(a) No governmental subdivision of this state shall enact any legislation, code, or ordinance, or adopt any rule relating to the licensing, training, or regulation of contract security companies or individuals functioning as security officers, other than for the imposition of a bona fide business tax or occupational tax, or both.
(b) Any provision of any legislative code, ordinance, or rule promulgated by any local governmental subdivision of this state, relating to licensing, training, or regulation of contract security companies or security officers, shall be superseded by this chapter.
(Act 2009-640, p. 1960, §18; Act 2019-230, §1.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed by this section:
(1) ASSOCIATION. The Speech and Hearing Association of Alabama.
(2) AUDIOLOGIST. An individual who practices audiology and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, or any similar title or description of service.
(3) AUDIOLOGY. The application of principles, methods, and procedures or measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, or rehabilitation related to hearing and disorders of hearing for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals or groups of individuals, or both, and may include, but is not limited to, consultation regarding noise control and hearing conservation, as well as evaluation of noise environments and calibration of measuring equipment used for such purposes. For the purpose of this subdivision the words “habilitation” and “rehabilitation” include, but are not limited to, hearing aid evaluation and application, preparation of ear impressions, auditory training, and speech reading.
(4) BOARD. The Alabama Board of Examiners for Speech-Language Pathology and Audiology established under Section 34-28A-40.
(5) PERSON. Any individual, organization, or corporate body. Only an individual may be licensed under this chapter.
(6) SPEECH-LANGUAGE PATHOLOGIST. Any person who examines, evaluates, remediates, uses preventive measures, or counsels persons suffering or suspected of suffering from disorders or conditions affecting speech or language. A person is deemed to be a speech-language pathologist when he or she practices speech pathology and/or if he or she offers those services to the public under any title incorporating the words “speech pathology,” “speech pathologist,” “speech-language pathology,” “speech-language pathologist,” “speech correction,” “speech correctionist,” “speech therapy,” “speech therapist,” “speech clinic,” “speech clinician,” “voice therapist,” “language therapist,” “aphasia therapist,” “communication disorders specialist,” “communication therapist,” or any similar title or description of service.
(7) SPEECH PATHOLOGY or SPEECH-LANGUAGE PATHOLOGY. The application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, counseling, instruction, habilitation, or rehabilitation related to the development and disorders of speech, voice, or language for the purpose of evaluating, preventing, ameliorating, or modifying such disorders and conditions in individuals or groups of individuals, or both.
(8) SPEECH-LANGUAGE PATHOLOGY ASSISTANT and AUDIOLOGY ASSISTANT. Those persons meeting the minimum qualifications that may be established by the Board of Examiners for Speech-Language Pathology and Audiology and who work directly under the supervision of a speech-language pathologist or audiologist, respectively. The qualifications for registration as an assistant shall be less than those prescribed for a speech-language pathologist or audiologist.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §2; Acts 1997, No. 97-160, p. 218, §3.)
It is declared that the practice of speech-language pathology and audiology is a privilege which is granted to qualified persons by legislative authority in the interest of public health, safety, and welfare, and, in enacting this law, it is the intent of the Legislature to require educational training and licensure of any person who engages in the practice of speech-language pathology or audiology, or both, to encourage better educational training programs, to prohibit the unauthorized and unqualified practice of speech-language pathology or audiology, or both, and the unprofessional conduct of persons licensed to practice speech-language pathology and audiology and to provide for enforcement of this chapter and penalties for its violation. To help insure the availability of the highest possible quality speech-language pathology or audiology services, or both, to the communicatively handicapped people of the state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §1; Acts 1997, No. 97-160, p. 218, §3.)
Nothing in this chapter shall be construed as preventing or restricting any of the following:
(1) Physicians or surgeons or persons under their supervision from engaging in the examining, testing, and diagnosing of speech and audio defects in this state.
(2) A hearing instrument fitter and seller (dealer) from engaging in the practice of fitting, testing, and selling hearing instruments in this state. Chapter 14 of this title shall not be repealed or affected in any way.
(3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed.
(4) The activities and services of a person who holds a valid and current credential as a speech or hearing specialist, or both, issued by the Department of Education of this state or a person who is employed as a speech-language pathologist or audiologist by the government of the United States, if the person performs speech-language pathology and audiology services solely within the confines or under the jurisdiction of the organization by which he or she is employed. The person may, without obtaining a license under this chapter, consult with or disseminate his or her research findings and other scientific information to speech-language pathologists or audiologists, or both, outside the jurisdiction of the organization by which he or she is employed. The person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. These persons may additionally elect to be subject to and licensed under the provisions of this chapter.
(5) The activities and services of persons pursuing a course of study or training, or both, in speech-language pathology or audiology, or both, at a college or university, if those activities and services constitute a part of a supervised course of study or training, or both, at that institution of higher learning and the person is designated as an intern, trainee, or by other title clearly indicating the training status appropriate to his or her level of training.
(6) The performance of speech-language pathology or audiology services, or both, in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than seven days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described herein. However, a person not a resident of this state who is not licensed under this chapter but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by Section 34-28A-21 or who is the holder of the American Speech and Hearing Association (ASHA) certificate of clinical competence in speech-language pathology or audiology or its equivalent may offer speech-language pathology or audiology services in this state for no more than 30 days in any calendar year, if the services are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §4; Acts 1997, No. 97-160, p. 218, §3; Act 2006-226, p. 387, §1.)
(a) Any person who practices or offers to practice the profession of speech-language pathology or audiology without being licensed or exempted in accordance with this chapter, or any person who uses in connection with his or her name or otherwise assumes, uses, or advertises any title or description tending to convey the impression that he or she is a speech-language pathologist or audiologist without being licensed or exempted in accordance with this chapter, or any person who presents or attempts to use as his or her own the license of another, or any person who gives any false or forged evidence of any kind to the board or any member thereof in obtaining a license, or any person who attempts to use an expired or revoked license or any person, firm, partnership, or corporation, or any person who violates any of the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.
(b) The board, or the person or persons as may be designated by the board to act in its stead, may prefer charges for any of the violations of this chapter in any county in this state in which the violations may have occurred. All duly constituted officers of the law of this state or any political subdivision thereof shall enforce this chapter and prosecute any persons, firms, partnerships, or corporations violating the same.
(c) The Attorney General of the state and his or her assistants shall act as legal advisers of the board and render legal assistance as may be necessary in carrying out this chapter.
(d) All fines collected for the violation of any provisions of this chapter shall be paid over to the secretary of the board to be delivered by him or her to the State Treasury and placed in the Speech-Language Pathology and Audiology Fund in the same manner as funds received for the issuance of licenses.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §17; Acts 1997, No. 97-160, p. 218, §3.)
The board, the Attorney General, or the local district attorney may apply to the circuit court in the county in which a violation of this chapter is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction over the proceedings and may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper. The remedy provided by this section is in addition to and independent of any other remedies available for the enforcement of this chapter.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §16; Acts 1997, No. 97-160, p. 218, §3.)
(a) This chapter shall not be construed to repeal Chapter 14 of this title.
(b) This chapter shall in no way be construed to restrain trade nor to restrict any entrepreneur or the free enterprise system.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §§18, 20; Acts 1997, No. 97-160, p. 218, §3.)
(a) Under no circumstances shall any person practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless he or she is licensed in accordance with this chapter.
(b) Licensure shall be granted either in speech-language pathology or audiology if the applicant meets the respective qualifications.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §3; Acts 1997, No. 97-160, p. 218, §3.)
(a) To be eligible for licensure by the board as a speech-language pathologist or audiologist a person shall meet each of the following qualifications and requirements:
(1) Be of good moral character.
(2) Make application to the board on a form prescribed by the board.
(3) Pay to the board the appropriate application fee.
(4) Pass an examination in speech-language pathology or audiology approved by the board.
(5) 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.
(b) Applicants for the speech-language pathology license shall submit the following:
(1) Evidence of possession of at least a master’s degree in speech-language pathology from an institution approved by the board.
(2) Evidence of the successful completion of supervised clinic practicum experiences from an educational institution, or its cooperating programs, that is approved by the board.
(3) Evidence of the successful completion of postgraduate professional experience approved by the board as delineated in the rules of the board.
(c) Applicants for the audiology license whose master’s degree was earned and conferred prior to January 1, 2007, shall submit the following:
(1) Evidence of possession of at least a master’s degree in audiology from an education institution approved by the board.
(2) Evidence of the successful completion of supervised clinic practicum experiences from an educational institution, or its cooperating programs, that is approved by the board.
(3) Evidence of the successful completion of postgraduate professional experience approved by the board as delineated in the rules and regulations of the board.
(d) Applicants for the audiology license whose degree was earned and conferred after January 1, 2007, shall submit the following:
(1) Evidence of possession of a doctoral degree in audiology from an education institution approved by the board.
(2) Evidence of the successful completion of supervised clinic practicum experiences from an educational institution, or its cooperating programs, that is approved by the board as delineated in the rules of the board.
(e) Nothing in this section shall prevent the continued licensure of an audiologist that received licensure before January 1, 2007.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §5; Acts 1981, No. 81-209, p. 250, §4; Acts 1993, No. 93-205, p. 310, §3; Acts 1997, No. 97-160, p. 218, §3; Act 2006-226, p. 387, §1; Act 2009-28, p. 89, §3.)
(a) Any person not eligible for a license as a speech-language pathologist under this chapter may apply for licensure with the board as a speech-language pathology assistant. Eligible candidates for licensure as a speech-language pathology assistant shall do all of the following:
(1) Practice only under the supervision of a licensed speech-language pathologist.
(2) Have completed either of the following:
a. A bachelor’s degree or equivalent in speech and hearing sciences or communication disorders.
b. An associate degree in speech-language pathology assisting with a minimum of 30 semester credit hours at a community college or university in speech and hearing sciences or communication disorders, of which three hours shall be dedicated to studying language disorders, and three hours shall be focused on speech disorders. Additionally, a speech-language pathology assistant in an associate degree program shall successfully complete not less than 100 clinical practicum hours under the supervision of a licensed speech-language pathologist under any clinical practicum setting.
(3) If the speech-language pathology assistant has completed the requirements of paragraph (2)b., he or she may only provide services in educational, private practice, nonresidential health care, early intervention, and other nonhospital settings.
(b) For the purposes of this section, “community college” refers to Wallace State Community College-Hanceville, under the purview of the Alabama Community College System, and “university” refers to any four-year public or private institution of higher education located in this state.
(c)(1) A speech-language pathology assistant shall have a scope of practice as defined by the American Speech-Language-Hearing Association.
(2) The supervising speech-language pathologist shall have held a full, unrestricted speech-language pathologist license for at least two years before supervising the speech-language pathology assistant and shall possess the necessary credentials required by the board. A supervising speech-language pathologist may not supervise more than three full-time equivalent speech-language pathology assistants in any one setting.
(d) Licensure as a speech-language pathology assistant may be renewed annually, pursuant to this chapter, without limitation as to number of times renewed.
(e) The board shall adopt rules as necessary to implement this section.
(Act 2025-382, §1.)
(a) A person eligible for licensure under Section 34-28A-21 and desirous of licensure shall make application for examination to the board at least 30 days prior to the date of examination, upon a form and in a manner as the board prescribes, and shall mail or deliver the application to a permanent address set and made known to the general public by publication by the board.
(b) Any application shall be accompanied by the non-refundable fee prescribed in Section 34-28A-27.
(c) A person who fails an examination may make application for reexamination if he or she again meets the requirements of subsections (a) and (b).
(d) A person certified by the American Speech and Hearing Association (ASHA) or licensed under the law of another state, a territory of the United States, or the District of Columbia as a speech-language pathologist or audiologist who has applied for licensure under this section may perform speech-language pathology and audiology services in this state during the interim period of time prior to board action on that application.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §10; Acts 1997, No. 97-160, p. 218, §3.)
(a) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.
(b) The board may examine in whatever theoretical or applied fields of speech-language pathology and audiology it considers appropriate to the area of specialization and may examine with regard to the professional skills and judgment of a person in the utilization of speech-language pathology and audiology techniques and methods.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §11; Acts 1981, No. 81-209, p. 250, §4; Acts 1997, No. 97-160, p. 218, §3.)
The board shall waive the examination and grant licensure to any person currently certified as clinically competent by ASHA in the area for which the person is applying for licensure upon payment of the licensing fee, provided ASHA requirements meet or exceed those of the State of Alabama, as determined by the board.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §12; Acts 1981, No. 81-209, p. 250, §4; Acts 1985, No. 85-361, p. 304, §3; Acts 1997, No. 97-160, p. 218, §3; Act 2001-248, p. 296, §3.)
(a) The board shall issue a license certificate to each person whom it licenses as a speech-language pathologist or audiologist, or both. The certificate shall show the full name of the licensee and shall bear a serial number. The certificate shall be signed by the chair and secretary of the board under the seal of the board.
(b) The board shall adopt a program of continuing education not later than October 1, 1991, and, after that date, proof of compliance with the minimum requirements of the continuing education program shall be required as a condition of license renewal.
(c) Licenses shall expire on December 31 following their issuance or renewal and are invalid thereafter unless renewed. The board shall notify every person licensed under this chapter of the date of expiration and the amount of the renewal fee. This notice shall be mailed to his or her last known address at least one month before the expiration of the license. Every person licensed under this chapter shall, on or before January 1 of each year, pay a fee for renewal of license to the board. The board may, in the event payment exceeds a period of grace of 30 days, renew a license upon payment of the renewal fee plus a late renewal payment penalty. Failure on the part of any licensed person to pay his or her renewal fee before January 1 does not deprive him or her of his or her right to renew his or her license, but the fee to be paid for renewal after January 31 shall be increased by twenty dollars ($20) for each month or fraction thereof that the payment is delayed, up to a maximum of twice the current renewal fee.
(d) A person who fails to renew his or her license within a period of two years after the date of expiration may not renew the license, and the license may not be restored, reissued, or reinstated thereafter, but the person may apply for and obtain a new license if he or she meets the requirements of this chapter.
(e) A licensee who wishes to place his or her license on an inactive status may do so by application to the board and by payment of a fee of one half of the renewal fee. An inactive licensee shall not accrue any penalty for late payment of the renewal fee that reactivates his or her license. The license may be held inactive for a maximum period of two years.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §13; Acts 1989, No. 89-234, p. 298, §3; Acts 1997, No. 97-160, p. 218, §3; Act 2001-248, p. 296, §3.)
(a) The license of any licensee under this chapter may be suspended or revoked, or a reprimand may be issued by the board, upon a finding of the board that the licensee has committed any of, but not limited to, the following acts:
(1) Has been convicted of a felony in any court of the United States, if the acts for which the person is convicted are found by the board to have a direct bearing on whether the individual should be entrusted to serve the public as a speech-language pathologist or audiologist.
(2) Has been guilty of fraud or deceit in connection with his or her services rendered as a speech-language pathologist or audiologist.
(3) Has aided or abetted a person, not a licensed speech-language pathologist or audiologist, in illegally representing himself or herself as a speech-language pathologist or audiologist within this state.
(4) Has been guilty of unprofessional conduct as defined by the rules established by the board or has violated the code of ethics made and published by the board.
(5) Has used fraud or deception in applying for a license or in passing an examination provided for in this chapter.
(6) Has been grossly negligent in the practice of his or her profession.
(7) Has willfully violated any of the provisions of this chapter or any regulations adopted hereunder.
(b) No license shall be suspended or revoked or reprimand issued until after a hearing before the board. A notice of at least 30 days shall be served, either personally or by registered or certified mail, with the returned receipt signed by the addressee, to the licensee charged, stating the time and place of the hearing and setting forth the ground or grounds constituting the charges against the licensee. The licensee shall be entitled to be heard in his or her defense, either in person or by counsel, and may produce testimony and may testify in his or her own behalf. A record of the hearing shall be taken and preserved by the secretary of the board. The hearing may be adjourned from time to time. If, after due receipt of notice of a hearing, the licensee shall be unable to appear for good cause shown, then a continuance shall be granted by the board. The time allowed shall be at the discretion of the board, but in no instance shall it be less than two weeks from the originally scheduled date of the hearing. If the inability of the licensee to appear is due to circumstances beyond his or her control, then, at the discretion of the board, a mutually agreed upon date may be set for the hearing. If a licensee repeatedly fails or refuses to appear, the board may proceed to hear and determine charges in his or her absence. If a licensee pleads guilty or if, upon hearing the charges, five members of the board find them to be true, the board shall enter an order suspending or revoking the license or reprimanding the licensee, as the case may be. The board shall record its findings and order in writing.
(c) Any person who feels aggrieved by reason of the suspension or revocation of his or her license or of the reprimand or of the rejection of his or her application by the board may appeal to the board for a review of the case. If the board does not reverse itself at a hearing, then the aggrieved person may file a civil action within 30 days after receiving notice of the action of the board or of the order of the board in the Circuit Court of Montgomery County, Alabama, or in the circuit court of the county of his or her residence to annul or vacate the action or the order of the board. The action shall be filed against the board as defendant, and service of process shall be upon either the chair or secretary of the board. The action shall be tried by the court and shall be a trial de novo, but the burden of proof shall be upon the plaintiff assailing the order of the board. The judgment of the circuit court may be appealed to the Supreme Court of Alabama in the same manner as other civil cases.
(d) Upon a vote of five of its members, the board may restore a license which has been revoked, reduce the period of a suspension, or withdraw a reprimand.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §15; Acts 1989, No. 89-234, p. 298, §3; Acts 1997, No. 97-160, p. 218, §3.)
(a) The board shall publish, in a manner the board deems appropriate, fees for all of the following purposes:
(1) Application for examination.
(2) Initial licensing.
(3) Renewal of licensure.
(4) Late payment for renewal (monthly penalty).
(5) Registration of speech-language pathology assistants and audiology assistants.
(6) Late payment fees.
(b) A qualified applicant for licensing who has successfully passed the examination prescribed by the board and has paid the application, examination, and, if necessary, the reexamination fees, shall be licensed by the board as a speech-language pathologist or audiologist, or both. The application fee, examination fee, reexamination fee, licensing fee, late payment fees, and the annual renewal fee shall be in an amount fixed by the board. Fees may not be refunded to applicants or licensees under any circumstances.
(c) A qualified applicant for registration as a speech-language pathology assistant or audiology assistant who has paid the registration fee prescribed by the board shall be registered by the board as a speech-language pathology assistant or audiology assistant. The registration fee and the annual renewal fee shall be in an amount that is one half of the registration fee and annual renewal fee required of speech pathologists and audiologists respectively. Fees may not be refunded to applicants or registrants under any circumstances.
(d) The fee for issuance of a license issued to replace one that is lost, destroyed, mutilated, or revoked shall be fifteen dollars ($15), and the fee shall accompany the application for a replacement license.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §14; Acts 1985, No. 85-361, p. 304, §3; Acts 1989, No. 89-234, p. 298, §3; Acts 1997, No. 97-160, p. 218, §3; Act 2001-248, p. 296, §3.)
(a) There is established as an independent agency of the executive branch of the government of the State of Alabama, the Alabama Board of Examiners for Speech-Language Pathology and Audiology.
(b) The board shall be comprised of seven members, who shall be appointed by the Governor from names submitted to the Governor by the association. Not more than one board member from any United States Congressional District shall be appointed to serve at the same time. Those persons nominated or appointed to serve on the board shall have been engaged in rendering services to the public, or teaching, or research, or any combination of service to the public, teaching, or research, in speech-language pathology or audiology, or both, for at least five years immediately preceding their appointment, and shall be citizens of this state. At least three board members shall be speech-language pathologists, at least three shall be audiologists, and one shall be a member of the consuming public or an allied professional. The six professional speech-language pathologist and audiologist board members shall at all times be holders of active and valid licenses for the practice of speech-language pathology and audiology in this state, except for the six members first appointed, who shall fulfill the requirements set forth in the appropriate provisions of Section 34-28A-21. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(c) The Governor shall appoint two board members for a term of one year, two for a term of two years, two for a term of three years, and one for a term of four years. Appointments made thereafter shall be for three-year terms, with no person being eligible to serve more than two full consecutive terms. Terms shall begin on October 1, except for the first appointee member, who shall serve through September 30 of the year in which he or she is appointed before commencing the terms provided by this subsection.
(d) The board shall meet during the month of October each year for the purposes of annual reorganization to select a chair and an executive secretary and to compile an annual report of business conducted during the previous year. Copies of the annual report shall be submitted to the Governor or his or her duly named representative and filed in the offices of the members of the board. Additionally, a report of the actions of the board shall be presented during the program of an annual meeting of the Speech and Hearing Association of Alabama. At least one additional meeting shall be held before the end of each year. Further meetings shall be convened at the call of the chair or any two board members. All meetings shall be open to the public; except, that the board may hold closed sessions to prepare, approve, grade, or administer examinations or, upon a request of an applicant who has failed an examination, to prepare a response indicating the reason for failure.
(e) Four members of the board shall constitute a quorum to do business.
(f) When a vacancy on the board occurs, the Speech and Hearing Association of Alabama shall recommend not less than three persons to fill each vacancy, and the Governor shall make his or her appointment from the persons so nominated.
(g) The Governor may remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §6; Acts 1981, No. 81-209, p. 250, §4; Acts 1993, No. 93-205, p. 310, §3; Acts 1997, No. 97-160, p. 218, §3; Act 2009-28, p. 89, §3.)
Members of the board shall receive no compensation for their services, but may be reimbursed for necessary expenses pursuant to state regulations from funds derived from fees collected under this chapter or from other available revenue sources.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §9; Acts 1997, No. 97-160, p. 218, §3.)
(a) The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter and shall, at its discretion, investigate allegations of practices violating the provisions of this chapter.
(b) The board shall adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish ethical standards of practice, and for other purposes, and may amend or repeal the same in accordance with the administrative procedures of this state. Following their adoption, the rules and regulations shall govern and control the professional conduct of every person who holds a license to practice speech-language pathology and audiology in this state.
(c) The board shall, by appropriate rules and regulations, make provisions for the continuing professional education of persons subject to this chapter, not later than October 1, 1991.
(d) Upon the request of any person, the board shall furnish a list of persons licensed under this chapter.
(e) The board shall promulgate rules and regulations necessary to provide for registration and supervision of applicants for licensure while the applicant is meeting the professional experience requirement enumerated in subdivision (4) of Section 34-28A-21.
(f) The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general functions conferred by this section.
(g) The board is hereby authorized to discipline its licensees by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation, and is further authorized to institute any legal proceedings necessary to effect compliance with this chapter.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §7; Acts 1989, No. 89-234, p. 298, §3; Acts 1997, No. 97-160, p. 218, §3.)
(a) The board may adopt all bylaws and rules, not inconsistent with the constitution and laws of this state, reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it.
(b) The board shall adopt and have an official seal.
(c) In carrying into effect this chapter, the board may, under the hand of its chair and the seal of the board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, maps, or documents. Any member of the board may administer oaths of affirmation to witnesses appearing before the board. Witnesses officially called by the board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the members of the board pursuant to Section 34-28A-41. If any person refuses to appear as a witness before the board, to testify, or to produce any books, papers, or documents, the board may present its petition to the Montgomery County Circuit Court, setting forth the facts, and thereupon the court shall, in a proper case, issue a subpoena to the person, requiring his or her attendance before the circuit court and there to testify or to produce those books, papers, and documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpoena or order of the circuit court may be proceeded against in the same manners as for refusal to obey any other subpoena or order of the court.
(d) The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from the commission of any act which is prohibited by this chapter. Application for an injunction may be made to the Circuit Court of Montgomery County, Alabama, or the circuit court of the county in which it is alleged that the violation is occurring. The members of the board shall not be personally liable for instituting any proceedings.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §15; Acts 1997, No. 97-160, p. 218, §3.)
(a) The board may employ, and at its pleasure discharge, an executive secretary and other officers and employees as may be necessary, and the board shall also outline their duties and fix their compensation and expense allowances.
(b) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the board, and certificates purporting to relate the facts concerning the proceedings, records, and acts signed by the secretary and authenticated by the seal shall be prima facie evidence in all the courts of this state.
(c) The board shall report to the state Comptroller by the fifth day of each month the amount and source of all revenue received by it pursuant to this chapter during the previous month and shall at that time pay the entire amount thereof into a separate trust fund for the board established by the Comptroller within the State Treasury.
(d) All appropriate expenses incurred by the board in the administration of this chapter shall be paid by the Comptroller when vouchers relating to the expenses are exhibited as having been approved by the board.
(e) The board shall be financed from income accruing to it from fees, licenses and other charges, and funds collected by the board, and all such moneys are appropriated to the board for its use. All employee salaries and other expenses shall be paid as budgeted after budgets are approved by the Comptroller or within the limitations of any appropriation or funds available for that purpose.
(Acts 1975, 4th Ex. Sess., No. 90, p. 2756, §8; Acts 1997, No. 97-160, p. 218, §3.)
This article shall be known and may be cited as the Audiology and Speech-Language Pathology Interstate Compact.
The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states’ ability to protect the public’s health and safety.
(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
(Act 2021-118, §1.)
As used in this article, and except as otherwise provided, the following terms have the following meanings:
(1) ACTIVE DUTY MILITARY. Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
(4) AUDIOLOGIST. An individual who is licensed by a state to practice audiology.
(5) AUDIOLOGY. The care and services provided by a licensed audiologist as set forth in the member state’s laws and rules.
(6) AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted this compact.
(7) AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY LICENSING BOARD, AUDIOLOGY LICENSING BOARD, SPEECH-LANGUAGE PATHOLOGY LICENSING BOARD, or LICENSING BOARD. The agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists, or both, which in Alabama is the Alabama Board of Examiners for Speech-Language Pathology and Audiology.
(8) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter.
(9) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(10) DATA SYSTEM. A repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.
(11) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(12) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(13) HOME STATE. The member state that is the licensee’s primary state of residence.
(14) IMPAIRED PRACTITIONER. An individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
(15) LICENSEE. An individual who currently holds an authorization from a state licensing board to practice as an audiologist or speech-language pathologist.
(16) MEMBER STATE. A state that has enacted this compact.
(17) PRIVILEGE TO PRACTICE. A legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
(18) REMOTE STATE. A member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(19) RULE. A regulation, principle, or directive adopted by the commission that has the force of law.
(20) SINGLE-STATE LICENSE. An audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(21) SPEECH-LANGUAGE PATHOLOGIST. An individual who is licensed by a state to practice speech-language pathology.
(22) SPEECH-LANGUAGE PATHOLOGY. The care and services provided by a licensed speech-language pathologist as set forth in the member state’s laws and rules.
(23) STATE. Any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.
(24) STATE PRACTICE LAWS. A member state’s laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
(25) TELEHEALTH. The application of telecommunication, audio-visual, or other technologies that meets the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.
(Act 2021-118, §2.)
(a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in the member state where the licensee obtains this privilege.
(b)(1) A state shall implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(2) A member state shall fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and using the results in making licensure decisions.
(3) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through this compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.
(c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.
(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.
(e) An audiologist must meet all of the following qualifications:
(1) One of the following educational requirements:
a. On or before, December 31, 2007, the applicant graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
b. On or after, January 1, 2008, the applicant graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
c. The applicant graduated from an audiology program that is housed in an institution of higher education outside of the United States: 1. for which the program and institution have been approved by the authorized accrediting body in the applicable country; and 2. the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.
(2) Completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission.
(3) Successfully passed a national examination approved by the commission.
(4) Holds an active, unencumbered license.
(5) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology under applicable state or federal criminal law.
(6) Has a valid United States Social Security or National Practitioner Identification number.
(f) A speech-language pathologist must meet all of the following qualifications:
(1) One of the following educational requirements:
a. The applicant graduated with a master’s degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
b. The applicant graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States: 1. for which the program and institution have been approved by the authorized accrediting body in the applicable country; and 2. the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.
(2) Completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission.
(3) Completed a supervised postgraduate professional experience as required by the commission.
(4) Successfully passed a national examination approved by the commission.
(5) Holds an active, unencumbered license.
(6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology under applicable state or federal criminal law.
(7) Has a valid United States Social Security or National Practitioner Identification number.
(g) The privilege to practice is derived from the home state license.
(h) An audiologist or speech-language pathologist practicing in a member state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.
(i) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(j) Member states may charge a fee for granting a compact privilege.
(k) Member states must comply with the bylaws and rules of the commission.
(Act 2021-118, §3.)
(a) To exercise the compact privilege under the terms and provisions of this compact, the audiologist or speech-language pathologist shall meet all of the following requirements:
(1) Hold an active license in the home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state in accordance with Section 34-28A-62.
(4) Have not had any adverse action against any license or compact privilege within the previous two years from the date of application.
(5) Notify the commission that the licensee is seeking the compact privilege within a remote state or states.
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist may only hold one home state license at a time.
(c) Except as provided in Section 34-28A-65, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist shall apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(e) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(f) If an audiologist or speech-language pathologist changes his or her primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the privilege to practice in any member state is deactivated in accordance with the rules adopted by the commission.
(g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its residents.
(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date of the adverse action.
(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(1) Once the requirements of subsection (j) have been met, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in a remote state.
(Act 2021-118, §4.)
(a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 34-28A-62 and under rules adopted by the commission, to practice audiology or speech-language pathology in any member state through telehealth under a privilege to practice as provided in this compact and rules adopted by the commission.
(b) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the state where the patient, client, or student is located.
(Act 2021-118, §5.)
A licensee who is an active duty military 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. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state.
(Act 2021-118, §6.)
(a) In addition to the other powers conferred by state law, a remote state in accordance with existing state due process law, may do either of the following:
(1) Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service laws of the state in which the witnesses or evidence are located.
(b) Only the home state may take adverse action against an audiologist’s or speech-language pathologist’s license issued by the home state.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes his or her primary state of residence during the course of the investigations. The home state may also take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(e) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
(f) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(g) Joint Investigations.
(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(h) If adverse action is taken by the home state against an audiologist’s or speech language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states shall be suspended until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech language pathologist’s license shall include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.
(i) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has the privilege to practice of any adverse actions by the home state or remote states.
(j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
(Act 2021-118, §7.)
(a) The compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission as follows:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings.
(1) Each member state shall have two delegates selected by that member state’s licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.
(2) An additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission-at-large.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring on the commission within 90 days.
(5) Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following duties and responsibilities:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Establish a Code of Ethics.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take actions as are consistent with the provisions of this compact and the bylaws.
(6) Adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states to the extent and in the manner provided for in this compact.
(7) Bring legal proceedings or prosecute actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of this compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, use, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(14) Establish a budget and make expenditures.
(15) Borrow money.
(16) Appoint committees, including standing committees composed of members and other interested persons designated in this compact and the bylaws.
(17) Provide and receive information from, and cooperate with, law enforcement agencies.
(18) Establish and elect an executive committee.
(19) Perform other functions necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
(d) The commission may not change or modify the laws of the member states which define the practice of audiology and speech-pathology in the respective states.
(e) The executive committee may act on behalf of the commission, within the powers of the commission, according to the terms of this compact. The executive committee shall be composed of 10 members as follows:
(1) Seven voting members who are elected by the commission from the current membership of the commission.
(2) Two ex-officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association.
(3) One ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.
(f) The ex-officio members shall be selected by their respective organizations.
(1) The commission may remove any member of the executive committee as provided in bylaws.
(2) The executive committee shall meet at least annually.
(3) The executive committee shall have the following duties:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.
b. Ensure compact administration services are appropriately provided, contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the commission.
e. Monitor compact compliance of member states and provide compliance reports to the commission.
f. Establish additional committees as necessary.
g. Perform duties as provided in rules or bylaws.
(4) All meetings of the commission or the executive committee shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 3428A69.
(5) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss any of the following:
a. Non-compliance of a member state with its obligations under this compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.
c. Current, threatened, or reasonably anticipated litigation.
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
e. Accusing any person of a crime or formally censuring any person.
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
h. Disclosure of investigative records compiled for law enforcement purposes.
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with the responsibility of investigation or the determination of compliance issues pursuant to this compact.
j. Matters specifically exempted from disclosure by federal or member state law.
(6) If a meeting or portion of a meeting is closed pursuant to this subsection, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of meetings, other than closed meetings, shall be made available to members of the public upon request. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(8) Financing of the Commission.
a. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
b. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
c. The commission may levy and collect an annual assessment from each member state’s licensing board or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.
(9) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the obligation; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(10) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subdivision shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subdivision prohibits that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(Act 2021-118, §8.)
(a) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any 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 all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Non-confidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason for denial.
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
(Act 2021-118, §9.)
(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.
(Act 2021-118, §10.)
(a) Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to this 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.
(b) 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 United States District Court for the District of Columbia or the federal district court where the commission has its principal offices against a member state in default to enforce compliance with this 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’s fees.
(3) The remedies described in this subsection are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
(Act 2021-118, §11.)
(a) This compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of this compact.
(b) Any state that joins this compact subsequent to the commission’s initial adoption of the rules is subject to the rules as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day this compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing participation in this compact.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2021-118, §12.)
This compact shall be liberally construed so as to effectuate the purposes of this compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If this compact is held contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2021-118, §13.)
(a) Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
(b) All laws in a member state in conflict with this compact are superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws adopted by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding in accordance with their terms.
(e) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(Act 2021-118, §14.)
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.
(Act 2021-118, §15.)
This article shall be known as the Alabama Veterinary Practice Act.
(Acts 1986, No. 86-500, p. 956, §1.)
AMENDED BY ACT 2026-503, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For the purposes of this article, the following terms shall have the following meanings ascribed by this section:
(1) ACCREDITED SCHOOL OF VETERINARY MEDICINE. Any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and is accredited by the American Veterinary Medical Association (AVMA).
(2) ANIMAL. Any animal or mammal other than man, including birds, fish, reptiles, wild or domestic, living or dead.
(3) APPLICANT. A person who files an application to be licensed to practice veterinary medicine or licensed as a veterinary technician.
(4) BOARD. Alabama State Board of Veterinary Medical Examiners.
(5) CONSULTING VETERINARIAN. A veterinarian licensed in another state who gives advice or demonstrates techniques to a licensed Alabama veterinarian or group of licensed Alabama veterinarians. A consulting veterinarian shall not utilize this privilege to circumvent the law.
(6) DIRECT SUPERVISION. The supervising veterinarian has initially examined the animal and will examine at other times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task. The supervising veterinarian is on the premises and is quickly and easily available.
(7) EMERGENCY. The animal has been placed in a life threatening condition and immediate treatment is necessary to sustain life.
(8) FOREIGN VETERINARY GRADUATE, EXCLUDING CANADA. Any person, including a foreign national or an American citizen, who has received a professional veterinarian medical degree from an American Veterinary Medical Association listed veterinary college that is not accredited by the American Veterinary Medical Association.
(9) IMMEDIATE SUPERVISION. The supervising veterinarian is on the premises and in audible or visual range of the animal patient and the person treating the patient.
(10) INDIRECT SUPERVISION. The supervising veterinarian has examined the animal and has given written or oral instructions for the treatment of the animal while the supervising veterinarian is away from the premises.
(11) LICENSE. Any permit, approval, registration, or certificate of qualification issued by the board.
(12) LICENSED VETERINARIAN. A person who is validly and currently licensed to practice veterinary medicine in Alabama.
(13) LICENSED VETERINARY TECHNICIAN. A person who is validly and currently licensed to practice as a veterinary technician in Alabama.
(14) PERSON. Any individual, firm, partnership, association, joint venture, cooperative, or corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assigning agent, factor, servant, employee, director, officer, or any other representative of such person.
(15) PRACTICE OF VETERINARY MEDICINE:
a. To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental condition; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthesia, or other therapeutic or diagnostic substance or technique on any animal including but not limited to acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility, or to render service or recommendations with regard to any of the above.
b. To represent directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph a.
c. To use any title, words, abbreviations, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph a. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
d. Collects blood or other samples for the purpose of diagnosing disease or other conditions. This paragraph shall not apply to unlicensed personnel employed by the United States Department of Agriculture or the Alabama Department of Agriculture who are engaged in the Brucellosis eradication program or external parasite control program pursuant to Section 2-15-192.
e. To remove any embryo from a food animal or companion animal for the purpose of transplanting the embryo into another female animal or for the purpose of cryopreserving the embryo, or to implant the embryo into a food or companion animal. It shall not be considered the practice of veterinary medicine for a person or his or her full-time employees to remove an embryo from the food or companion animal of the person for the purpose of transplanting or cryopreserving the embryo, or to implant an embryo into the food or companion animal of the person, provided ownership of the food or companion animal shall not be transferred or employment of the person shall not be changed for the purpose of circumventing this article.
f. To 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, shall constitute the practice of veterinary medicine in this state and shall require licensure within this state and a veterinarian-client-patient relationship must be established.
(16) SUPERVISING VETERINARIAN. A veterinarian who assumes responsibility for the professional care given to an animal by a person working under his or her direction.
(17) TEMPORARY LICENSE. Temporary permission to practice veterinary medicine issued by the board pursuant to this article.
(18) UNLICENSED ASSISTANT. Any individual who is not a licensed veterinary technician or veterinarian and is employed by a licensed veterinarian.
(19) VETERINARIAN-CLIENT-PATIENT RELATIONSHIP (VCPR). A relationship when the veterinarian has assumed responsibility for making medical judgments regarding the health of the animal or animals and the need for medical treatment and is created by actual examination by the veterinarian of the animal or a representative segment of a consignment or herd.
(20) VETERINARIAN, DOCTOR OF VETERINARY MEDICINE, DVM, VMD, or EQUIVALENT TITLE. A person who has received a doctor’s degree in veterinary medicine from an accredited school of veterinary medicine or holds an Educational Commission for Foreign Veterinary Graduates (ECFVG) certificate issued by the American Veterinary Medical Association (AVMA).
(21) VETERINARY FACILITIES. Any place or unit from which the practice of veterinary medicine is conducted. The following are types of veterinary facilities:
a. Veterinary or Animal Hospital or Clinic. Meets or exceeds all mandatory requirements as listed in the administrative code of the board for veterinary facilities. In doing so, it provides quality examination, diagnostic, and health maintenance services for medical and surgical treatment of animals and is equipped to provide housing and nursing care for the animals during illness or convalescence.
b. Specialty Practice or Clinic. Provides complete specialty service by a veterinarian who has advanced training in that specialty and is a diplomat of an approved specialty college. It meets all minimum standards that are applicable to that specialty.
c. Central Hospital. Shall meet all requirements of paragraph a., as well as provide specialized care including 24-hour nursing care and specialty consultation on a permanent or on-call basis. It is mainly utilized on referral from area veterinary hospitals or clinics.
d. Satellite, Outpatient, or Mobile Small Animal Clinics. A supportive facility owned by or associated with, or both, and has ready access to, within a reasonable distance, a full-service veterinary hospital or clinic or a central hospital providing all mandatory services and meeting all minimum standards. The public shall be informed of the limitation of services by way of a posted notice in plain view and easily readable or by notice provided to the client by flyer or card which clearly specifies those mandatory veterinary medical services which are not provided. In addition, the main location and telephone number of the veterinary hospital or clinic providing the required service, as well as the signed agreement with the veterinary hospital or clinic shall also be posted in plain view and be easily readable. A veterinarian associated with this veterinary hospital or clinic shall be on call during and after operation of the satellite, outpatient, or mobile clinic to render aid if necessary. The personnel of satellite, outpatient, or mobile clinics shall consist of one or more veterinarians and auxiliary personnel necessary to provide adequate outpatient service. Operation of any satellite, outpatient, or mobile clinic shall be under the direct supervision of a licensed veterinarian who remains on the premises during the entire time of operation.
e. Large Animal Mobile Clinic. Must provide examination, diagnostic, and preventive medicine, and minor surgical services for large animals not requiring confinement or hospitalization. Emergency service and radiology service shall be provided by that veterinarian or by written agreement with another veterinarian or group of veterinarians in practice in that locale. These clinics shall provide a degree of veterinary care compatible with the level of standards considered adequate to the practice of veterinary medicine currently available in the area. Complete hospital facilities may be provided by the nearest large animal hospital or veterinary school.
f. Emergency Clinic. A facility established to receive patients and to treat illnesses and injuries of an emergency nature requiring treatment. The clinic shall provide professional diagnostic and emergency treatment during hours when local veterinary hospitals are normally closed. Emergency clinics shall meet all mandatory requirements of a veterinary hospital or clinic.
(22) VETERINARY INTERN. A person who is working towards completion of an ECFVG certificate and who is working under the direct or indirect supervision of a board approved licensed veterinarian in any state to complete the practical experience internship required for licensing in Alabama.
(23) VETERINARY MEDICINE. Includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches or specialties of veterinary practice.
(24) VETERINARY STUDENT PRECEPTEE. A person who is pursuing a veterinary degree in an accredited school of veterinary medicine which has a preceptor or extern program and who has completed the academic requirements of the program.
(25) VETERINARY TECHNICIAN STUDENT. Any person enrolled in an AVMA accredited veterinary technology program; gaining clinical experience under the supervision of a licensed veterinarian or licensed veterinary technician in a clinical setting.
(26) VETERINARY TECHNOLOGY. The skills and knowledge accrued in a post-high school course of study, accredited by the AVMA Committee on Education (COE) or the board, in the area of care and treatment of animals. It embodies limited skills, responsibility, and minimal exercise of independent judgment in the treatment of patients of veterinarians while under direct, indirect, or immediate supervision of a veterinarian.
(27) WHOLESALE VETERINARY DRUG DISTRIBUTOR. A person engaged in the business of distributing veterinary drugs and medicines for resale to veterinary practitioners and other veterinary wholesalers and possesses a current permit issued by the Alabama Board of Pharmacy to engage in the selling of veterinary drugs or medicines in the State of Alabama.
(Acts 1986, No. 86-500, p. 956, §2: Acts 1987, No. 87-794, p. 1557, §2; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2010-536, p. 905, §1.)
In order to promote the public health, safety, and welfare by safeguarding the people of the State of Alabama against unqualified or incompetent practice of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this article. It is the legislative intent that veterinarians who are not normally competent or who otherwise present a danger to the public shall be disciplined or prohibited from practicing in the State of Alabama.
(Acts 1986, No. 86-500, p. 956, §3.)
(a) There is established a state board to consist of eight members to be known as the Alabama State Board of Veterinary Medical Examiners.
(b) Each of the eight members of the board shall be appointed by the Governor from a list of three persons nominated and submitted to him or her by the Alabama Veterinary Medical Association at least 30 days prior to appointment.
(c) The term of each member of the board shall be four years unless removed or until a successor is appointed and qualified. Vacancies shall be filled by appointment by the Governor as provided in subsection (b).
(d) No person may serve as a member of the board for more than 13 years total.
(e) Members may not serve more than two consecutive terms of office.
(f) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(g) Each member of the board shall be a citizen of this state.
(Acts 1986, No. 86-500, p. 956, §4; Acts 1987, No. 87-794, p. 1557, §3; Acts 1989, No. 89-236, p. 310, §3; Acts 1997, No. 97-249, p. 431, §1; Act 2001-249, p. 299, §3; Act 2009-29, p. 93, §3.)
(a)(1) Six members of the board shall be graduates of an accredited school of veterinary medicine; legal residents of Alabama; currently and validly licensed to practice veterinary medicine in Alabama; actively employed and licensed in the practice of veterinary medicine in the State of Alabama for the five years immediately prior to appointment; and continuing at least 35 hours per week in the practice of veterinary medicine while serving on the board.
(2) One member of the board shall be a licensed veterinary technician.
(3) One member of the board shall be a consumer.
(b) No person who has been appointed to the board shall continue membership on the board if, during the term of his or her appointment, he or she shall have done any of the following:
(1) Transfer his or her legal residence to another state.
(2) Own or be employed by any wholesale or jobbing house dealing in supplies, equipment, or instruments used or useful in the practice of veterinary medicine.
(3) Have his or her license to practice veterinary medicine as a veterinarian or as a licensed veterinary technician rescinded.
(4) Miss three consecutive meetings of the board.
(5) Be guilty of misconduct or gross inefficiency.
(c) The board shall establish procedures for the removal of members who violate one or more of the provisions of subsection (b).
(Acts 1986, No. 86-500, p. 956, §5; Acts 1987, No. 87-794, p. 1557, §4; Acts 1997, No. 97-249, p. 431, §1; Act 2001-249, p. 299, §3.)
(a) The board may employ an executive director, prescribe the duties, and set the salary of the executive director.
(b) In the event the director should become incapacitated or unable to perform the duties of the position, the board may employ a person or persons to assume the duties of the director for as long as the board deems necessary.
(c) The director shall make and file with the Secretary of State an official bond in an amount to be fixed by the board. Premiums of the bond shall be paid out of funds of the board. The bond shall be payable to the State of Alabama and shall be written by an approved bonding company licensed to do business in the State of Alabama.
(Acts 1986, No. 86-500, p. 956, §6; Acts 1987, No. 87-794, p. 1557, §6; Acts 1997, No. 97-249, p. 431, §1.)
(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.
(Acts 1986, No. 86-500, p. 956, §7; Acts 1997, No. 97-249, p. 431, §1.)
(a) The members of the board shall receive four hundred dollars ($400) for each day, or portion thereof, the member is actually engaged in the work of the board, and in addition, the usual per diem expenses allowed to other persons acting in the service of the State of Alabama or any of its agencies, institutions, boards, bureaus, or commissions.
(b) The legal expenses of the board for administration of this article shall be paid from funds in the State Treasury to the credit of the board and shall be paid only on warrant of the State Treasurer and approved by the Governor. No funds shall be withdrawn or expended except as budgeted and allotted pursuant to Title 41, Chapter 4, Article 4, and only in amounts as stipulated in the general appropriations act.
(Acts 1986, No. 86-500, p. 956, §8; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2023-467, §1.)
The board shall keep records of its proceedings in a book provided for that purpose, especially with relation to the issuance, denial, renewal, suspension, and revocation of licenses to practice veterinary medicine. All licenses issued by the board shall be numbered and recorded by the executive director in a file for that purpose. Where a license is denied by the board to any applicant under this article, the facts and grounds of denial shall be entered in the minutes of the board. The issuance or denial of a license shall be noted along with the names of those board members present and the file shall be maintained by the board. Information received by the board through applications, complaints, inspections, and investigations shall be confidential and shall not be disclosed, except in a proceeding involving the question of the issuance of a license or disciplinary proceedings against a licensee or if authorized by law, a non-licensee. The board shall also be responsible for keeping a list of its members and their current status of license, whether revoked, inactive, suspended, etc.
(Acts 1986, No. 86-500, p. 956, §9; Acts 1997, No. 97-249, p. 431, §1.)
The board shall be a body corporate and shall have the power to do all of the following:
(1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in the state.
(2) Issue, renew, deny, suspend, and revoke licenses, issue private reprimands and private informed admonitions to practitioners who practice veterinary medicine in this state, or otherwise discipline or censure veterinary professionals, irrespective of their licensure status, whether active, inactive, expired, lapsed, surrendered, or disciplined, relative to acts, omissions, complaints, and investigations which occurred during the licensure period consistent with this article.
(3) Conduct investigations for the purpose of discovering violations of this article or grounds for disciplining licensed veterinary professionals or other non-licensed individuals pursuant to the administrative code of the board and appoint individuals and committees to assist in the investigations. Jurisdiction of the board shall extend to non-licensed individuals engaging in the unauthorized practice of veterinary medicine. It is the intent of this section that licensees may not divest the board of jurisdiction by changing or relinquishing licensure status. The board shall have the power to subpoena records.
(4) Have a common seal and act as a corporate body with the right to sue and be sued, hold hearings, subpoena witnesses, compel the production of any books, records, papers, or documents, and take testimony bearing on the records of applicants for licensing to practice veterinary medicine and surgery in Alabama and on the records of practitioners who may be under consideration by the board for charges of misconduct.
(5) Employ full-time or part-time personnel, including an executive director as previously provided, professional, clerical, or special personnel as necessary to effectuate this article and to purchase or rent necessary office space, equipment, and supplies.
(6) Appoint from its own membership one or more members to act as representatives of the board at any meeting in or out of the state when representation is deemed desirable. The delegate or delegates from the board shall attend the annual meeting of the American Association of Veterinary State Boards and his or her expenses shall be paid by the board. The board may authorize the attendance of the executive director, legal counsel, or other staff members of the board at any meeting described in this subdivision.
(7) Adopt, amend, or repeal all rules necessary for its governance and all regulations necessary to carry into effect the provisions of this article in accordance with the Administrative Procedure Act, including, but not limited to, the establishment and publication of rules of professional conduct for the practice of veterinary medicine. These regulations shall be known as the Alabama State Board of Veterinary Medical Examiners Administrative Code. They shall be published and distributed to all licensed Alabama veterinarians and to all applicants for licensing. Any proposed changes to the administrative code shall be published in the official newsletter of the Alabama Veterinary Medical Association and mailed to all Alabama licensed veterinarians. A period of 10 days shall be allowed to post publication or notification so that any Alabama licensed veterinarian opposing the changes has time to request a hearing as hereafter provided.
(8) To fix minimum standards for continuing veterinary medical education which standards shall be a condition precedent to the renewal of a license under this article.
(9) To inspect any hospitals, clinics, satellites, outpatient clinics, mobile clinics, or other places utilized for the practice of veterinary medicine. An inspection shall be made by the board’s authorized representative(s). The inspection shall be for the purpose of reporting such inspection to the board on a form prescribed by the board or for seeking disciplinary action in cases of violation of this article or violation of other health and sanitation regulations duly established and published by the board or other duly constituted state authorities having jurisdiction in such matters.
Notwithstanding any other provision of law, if certain equipment or services required by rule or regulation of the board to be available at a premises are not available at a premises, a written and signed agreement may be provided to the board demonstrating that the arrangements have been made to provide the equipment or services at a location that is within a reasonable distance from the premises.
(10) To provide special registration for veterinarian technicians, and if desired, veterinary interns, and veterinary student preceptees and to adopt regulations concerning the training, legislation, and service limits of those assistants while employed by and acting under the supervision and responsibilities of licensed veterinarians. The board shall have exclusive jurisdiction in determining eligibility and qualification requirements and in granting or refusing to grant or to suspend or revoke registration. Any suspension or revocation of a special registration issued under this section shall be conducted pursuant to the Code of Alabama 1975.
(11) Establish and publish annually a schedule of fees for the licensing or registration, or both, and for renewal of a license or registration for veterinarians and veterinary technicians pursuant to this article.
(12) Authorize any member of the board to sign complaints for the bringing of proceedings in courts for the enforcement of this article.
(13) To act as a corporate board or as an individual member of the board to prosecute in court on an action quo warranto, injunction, or any other proper suit to oust from practice unlawful practitioners and to assist the Attorney General or any other prosecutor for criminal violations of this article.
(14) For disciplinary purposes, to adopt, levy, and collect administrative fines for noncompliance by its licensees and other individuals engaging in the unauthorized practice of veterinary medicine of this chapter, or the administrative code of the board, of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000) per violation, and to institute any legal proceedings necessary to effect compliance with this chapter.
(15) To promulgate and implement administrative rules and regulations in accordance with the State Administrative Procedure Act to provide for an inactive license status, an inactive license fee, and a reactivation process and reactivation fee.
(Acts 1986, No. 86-500, p. 956, §10; Acts 1989, No. 89-236, p. 310, §3; Acts 1993, No. 93-155, p. 250, §3; Acts 1997, No. 97-168, p. 243, §3; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
All revenues received by the board shall be accepted by the executive director and deposited with the Treasurer of the state to be credited to an account to be known as the Board of Veterinary Medical Examiners Fund. All expenses of the board shall be paid from the fund by vouchers signed by the executive director of the board and no part of the state’s General Fund shall be expended for this purpose. Funds shall be a continuing account and shall not be subject to diversion to the State General Fund except to the extent that the balance in the fund at the close of any fiscal year exceeds the budget of the board by 200 percent, in which case the excess shall be transferred to and become a part of the State General Fund.
(Acts 1986, No. 86-500, p. 956, §11; Acts 1997, No. 97-249, p. 431, §1.)
(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.
(Acts 1986, No. 86-500, p. 956, §12; Acts 1987, No. 87-794, p. 1557, §5; Acts 1989, No. 89-236, p. 310, §3; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
(a) Any person desiring a license to practice veterinary medicine in this state shall make written application in the English language to the board. The application shall show that the applicant is at least 21 years old, is a graduate of an accredited veterinary school, is a citizen of the United States or, if not a citizen of the United States, is legally present in the United States with appropriate documentation from the federal government, and any other information and proof as the board may require pursuant to the administrative code of the board. The application shall be accompanied by application and examination fees in the amounts established and published by the board.
(b) Graduates of veterinary medical programs not accredited by the AVMA shall furnish satisfactory proof of an Educational Commission for Foreign Veterinarian Graduates (ECFVG) certificate or its equivalent provided by the American Veterinary Medical Association (AVMA), proof of completion of an internship as provided in Section 34-29-91, and of having, within three years of application to the State of Alabama, passed the AVMA approved National Veterinary Licensing Exam and proof of comprehension of and an ability to communicate in the English language.
(c) Any applicant satisfactorily completing the AVMA approved National Veterinary Licensing Exam in another state need not repeat the examination for licensure in Alabama, however, the board retains jurisdiction to require the applicant repeat any portion of the AVMA approved National Veterinary Licensing Exam or practice specific examinations necessary to determine practice competency.
(d) If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next AVMA approved National Veterinary Licensing Examination or state board examination; or if the applicant is eligible for a license without examination under this article, the board may grant him or her a license.
(e) Licenses issued under this subsection shall not require graduation from an AVMA accredited college or school of veterinary medicine, shall not require that the licensee have passed either the NBE and CCT or the NAVLE, shall not require the licensee to hold an ECFVG certificate, and shall not require that a licensee be previously licensed in this state or in the United States. All practice of veterinary medicine in Alabama requires a license. All members of the faculty at a college or school of veterinary medicine shall have a license if they practice on client-owned animals in direct association with their employment at the college or school. Notwithstanding any provision of law to the contrary, the board may issue a veterinary faculty license to any applicant who is a member of the faculty or staff at any college or school of veterinary medicine in this state and is involved in the instruction program of veterinary medicine students. Holders of a veterinary faculty license are permitted to practice veterinary medicine within their specialty or subspecialty, only as it relates to his or her regular function within the college or school. Such individuals shall be remunerated for the practice aspects of their employment solely from state, federal, or institutional funds.
(1) Applicants for a veterinary faculty license shall perform all of the following:
a. Complete the application form provided by the board, along with submitting a recent photograph and applicable fees.
b. Provide proof of graduation from a reputable college or school of veterinary medicine.
c. Provide proof of an appointment to the faculty of an Alabama school or college of veterinary medicine teaching veterinary students. This proof shall be provided by an authorized administrative official of the college or school.
d. Certify that he or she understands and agrees that the veterinary faculty license is valid only for the practice of veterinary medicine as a faculty member of the college or school where employed.
e. Demonstrate competency in the English language.
f. Take and pass the state board examination on the Alabama practice act.
g. Provide proof that he or she is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(2) The license issued pursuant to this subsection shall always be prominently displayed.
(3) The license issued pursuant to this subsection restricts the holder to practice that is confined to clinical and hospital units or field services units, or both, of the college or school of veterinary medicine where employed.
(4) The license issued pursuant to this subsection may be disciplined, suspended, or revoked in accordance with this article.
(5) The license issued pursuant to this subsection shall be cancelled by the board upon receipt of information that the holder of the license has left or has otherwise been discontinued from faculty employment at a college or school of veterinary medicine in Alabama.
(6) The board recognizes that flexibility is needed in licensing eminent scholars from around the world. The primary purpose of the veterinary faculty license is to allow deans of Alabama’s colleges and schools of veterinary medicine a standardized procedure through which to bring talents to our faculties and to license them, keeping them subject to this article.
(Acts 1986, No. 86-500, p. 956, §13; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2009-29, p. 93, §3.)
(a) The board shall hold at least two examinations and may hold additional examinations as it deems necessary. The executive director or his or her designee shall give appropriate public notice of the time and place of the examination at least 120 days in advance of the date set forth for the examination. Any person desiring to take the examination shall make license application at least 60 days before the examination and pay the required application and examination fees.
(b) The preparation, administration, and grading of examinations shall be governed by the administrative code as prescribed by the board. Examinations shall be designed to test the examinee’s knowledge of and proficiency in subjects and techniques commonly taught in veterinary school. To pass the examination, the examinee shall demonstrate scientific and practical knowledge sufficient to prove himself or herself a competent person to practice veterinary medicine in the judgment of the board. All examinees shall be tested by written examinations supplemented by oral interviews and practical demonstrations as the board may deem necessary. The board may adopt and use the examinations and passing criteria prepared by professional examination services approved by the American Veterinary Medical Association, in addition to a state written examination.
(c) A passing score on the AVMA approved National Licensing Examination or examinations shall be determined by the professional examination provider based on a national criteria which reflects a passing score of at least 70 percent.
(d) A passing score on the state examination shall be deemed to be the correct answering of at least 70 percent of the questions contained on the state written examination and on the state practical and oral examinations. The scores may not be combined.
(e) Within 60 days after each examination, the executive director or his or her designee shall notify each examinee of the results of his or her examination and the board shall issue licenses to the persons successfully completing the examination provided all requirements for licensing have been met. The executive director or his or her designee shall record the new licenses and issue a certificate of qualification to the new licensees. Any person failing an examination shall be eligible to take any subsequent examination upon payment of the application and examination fees. Any person failing an examination may retake that examination for a maximum of three times. The examination shall be given in English.
(Acts 1986, No. 86-500, p. 956, §14; Acts 1987, No. 87-794, p. 1557, §7; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
The board may issue a license without a written examination to a qualified applicant who furnishes satisfactory proof that he or she is a graduate of an accredited veterinary school and who has been for the five years immediately prior to filing his or her application a practicing veterinarian licensed in a state, territory, or district of the United States having license requirements at the time the applicant was first licensed which were substantially equivalent to the requirements of this article.
The board may orally or practically examine any person qualifying for licensing under this section.
(Acts 1986, No. 86-500, p. 956, §15; Acts 1997, No. 97-249, p. 431, §1.)
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.
(Acts 1986, No. 86-500, p. 956, §16; Acts 1987, No. 87-794, p. 1557, §8; Acts 1989, No. 89-236, p. 310, §3; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
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.
(Acts 1986, No. 86-500, p. 956, §17; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2010-536, p. 905, §1.)
No person shall practice veterinary medicine or veterinary technology in the State of Alabama who is not a currently and validly licensed veterinarian or licensed veterinary technician or the holder of a temporary permit issued by the board. This article shall not be construed to prohibit any of the following:
(1) A student in a school or college of veterinary medicine from the performance of duties assigned by his or her instructor or from working as a veterinary student preceptee under direct or indirect supervision of a licensed veterinarian.
(2) A student in a school or college of veterinary technology accredited by the AVMA from the performance of duties assigned by his or her instructor or from working as a veterinary technician student under direct or indirect supervision of a licensed veterinarian or licensed veterinary technician.
(3) Any doctor of veterinary medicine in the employ of a state or federal agency while actually engaged in the performance of his or her official duties; however, this exemption shall not apply to a person when he or she is not engaged in carrying out his or her official duties or is not working at or for the installations for which his or her services were engaged.
(4) Any person or his or her regular employee, administering to the ills or injuries of his or her own animals, including but not limited to, castration and dehorning of cattle unless title is transferred or employment changed for the purpose of circumventing this article.
(5) State agencies, accredited schools, institutions, foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of veterinary medicine, or persons under direct supervision thereof, which or who conduct experiments and scientific research on animals in the development of pharmaceuticals, biologicals, serums, or methods of treatment or techniques for diagnosis or treatment of human ailments or when engaged in the study and development of methods and techniques directly or indirectly applicable to the problems of the practice of veterinary medicine.
(6) Qualified practitioners of veterinary medicine and surgery from without the State of Alabama consulting with licensed veterinarians in Alabama. No veterinarian of any other state shall actively and actually practice veterinary medicine in Alabama unless and until he or she shall obtain a license to practice veterinary medicine from the Alabama State Board of Veterinary Medical Examiners and shall comply with the other requirements contained in this article.
(7) A member of the faculty of a veterinary school performing his or her regular functions or a person giving board approved lectures, instructions, or demonstrations in connection with continuing education courses or seminars to licensed veterinarians, licensed veterinary technicians, veterinary students, or veterinary technician students.
(8) Persons from gratuitously giving aid, assistance, or relief in emergency cases if they do not represent themselves to be veterinarians or use any title or degree appertaining to the practice thereof.
(9) Fishery biologists actively employed by the State of Alabama, the United States government, or any person in the production or management of commercial food or game fish while in the performance of their official duties.
(10) A person from being or practicing as a “veterinary intern”, as that term is defined in subdivision (22) of Section 34-29-61.
(Acts 1986, No. 86-500, p. 956, §18; Acts 1989, No. 89-236, p. 310, §3; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2010-536, p. 905, §1.)
(a) A VCPR remains with the licensed veterinarian who established the initial VCPR and remains valid with other licensed veterinarians within the practice premises where the written or electronic medical records of the patient are kept.
(b)(1) A licensed veterinarian may not prescribe or dispense drugs without a VCPR.
(2) A VCPR may not be established for the sole purpose of drug sales.
(3) Telemedicine may not be used to establish a VCPR.
(c) Within a VCPR, a prescription may be refilled for not more than one year from the initial prescription date unless medically prohibited or restricted or prohibited by state or federal law, rule, or regulation.
(d) A new VCPR shall be reestablished annually by the date that the previous VCPR was established. If not reestablished annually, a VCPR is not valid.
(e)(1) A licensed veterinarian may communicate by means of teletriage with an individual if:
a. An emergency occurs outside of a valid VCPR;
b. The individual has not had a valid VCPR established in the previous 12 months; or
c. The individual contacting the licensed veterinarian is not a client.
(2) In teletriage, a diagnosis or treatment may not be rendered. The individual and licensed veterinarian may arrange an in-person visit or the licensed veterinarian may refer the patient and individual to another licensed veterinarian for assessment and treatment.
(f) If an emergency occurs within a valid VCPR and the veterinarian who established the original VCPR is not available to examine the patient, the veterinarian may communicate the changes in protocol to the client by means of telemedicine and provide consultation, issue recommendations, or refer the client to another licensed veterinarian.
(Act 2026-503, §2.)
The board or any citizen of this state may bring action in the Circuit Court of Montgomery County to enjoin any person from practicing veterinary medicine without a currently valid license or temporary permit. If the court finds that the person is violating or is threatening to violate this article, it shall enter an injunction restraining him or her from such unlawful acts. The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.
(Acts 1986, No. 86-500, p. 956, §19; Acts 1997, 97-249, §1.)
(a) When the board, by its official actions, acts or proposes to act in a manner which will affect the rights, duties, or privileges of the issuance of a license to an applicant or the license of a veterinarian, veterinary technician, or other individual, those persons shall have a right to an administrative hearing. When the board proposes to act in such manner, it shall give to the person or persons notice of their right to a hearing by certified mail to the person at his or her last known address, a notice of the proposed action, notice of a right to a hearing, and the time and place for a hearing, as provided in subsection (b). If the person or persons fail to appear at the time set for the hearing, the hearing may be conducted in absentia.
(b) A hearing shall be held no sooner than 20 days after written notice to the licensed veterinarian, veterinary technician, or other individual of the administrative charges against him or her, or to the applicant in the case of a person whose application for license is denied. The applicant, licensed veterinarian, veterinary technician, or other individual shall have the right to be heard in person and by counsel, the right to have subpoenaed the attendance of witnesses and records in the behalf of, and the right to cross-examine witnesses appearing against him or her. Strict rules of evidence shall not apply. The board may provide a stenographer or other stenographic means to take down the testimony and shall preserve a record of the proceedings. If a transcript of the record is prepared and is, by definition, a matter of public record, it may be purchased by any person interested in such hearing on payment to the board of the cost of preparing the transcript.
(c) The board shall notify the applicant, licensed veterinarian, veterinary technician, or other individual of its decision in writing within a reasonable time after the conclusion of the hearing. The executive director or his or her designee, in all cases of suspension, revocation, or other discipline, shall enter the fact in the minutes of the board. Any person whose license is suspended or revoked shall be deemed an unlicensed person for purposes of this article and the probate court of that county or counties where the license should be filed shall be notified, the license pulled, and the fact published in the newsletter of the board. The board shall also cause a notice of revocation or suspension to be published in a newspaper of general circulation in each county of the State of Alabama in which the disciplined veterinarian maintains an office for the practice of veterinary medicine or veterinary technician is employed or the individual resides.
(d) When a member of the board is unable to continue the hearing either by disqualification or for any other reason, and the board is unable to obtain a quorum, the Governor shall appoint as many special members as is necessary to obtain a quorum from a list of three persons submitted for each place by the Alabama Veterinary Medical Association. These special members serve on the board only for that hearing for which they were appointed and the special members may be reappointed for subsequent hearings if necessary.
(Acts 1986, No. 86-500, p. 956, §20; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
Complaints submitted to the board or testimony with respect thereto shall be absolutely privileged and no lawsuit predicated thereon may be instituted. Members of the board and their staffs, and any member of a grievance committee authorized by the board to investigate a complaint filed pursuant to this article shall be immune from suit for any conduct in the course of their official duties.
(Acts 1986, No. 86-500, p. 956, §21.)
Any person whose license is suspended or revoked by the board may be relicensed or reinstated at any time without an examination by a majority vote of the board on written application made to the board showing cause justifying relicensing and reinstatement pursuant to the administrative code of the board.
(Acts 1986, No. 86-500, p. 956, §22; Acts 1997, No. 97-249, p. 431, §1.)
Any person who shall practice veterinary medicine without a current valid license shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or imprisoned for not more than 90 days, or both, and each act of unlawful practice shall constitute a distinct and separate offense. The person, in the discretion of the judge, may be imprisoned or placed at hard labor for not more than six months.
(Acts 1986, No. 86-500, p. 956, §23; Acts 1997, No. 97-249, p. 431, §1.)
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.
(Acts 1986, No. 86-500, p. 956, §24; Acts 1997, No. 97-249, p. 431, §1.)
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).
(Acts 1986, No. 86-500, p. 956, §25; Acts 1997, No. 97-249, p. 431, §1.)
Any person holding a valid license to practice veterinary medicine in Alabama on April 30, 1986, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article and the administrative code of the board.
(Acts 1986, No. 86-500, p. 956, §26; Acts 1997, No. 97-249, p. 431, §1.)
(a) Any animal placed in the custody of a licensed veterinarian for the treatment, boarding, or other care which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his or her agent at his or her last known address shall be deemed to be abandoned and may be turned over to the nearest humane society or dog pound or sold to collect the lien pursuant to Sections 35-11-390 and 35-11-391.
(b) The giving of notice to the owner or the agent of the owner of the animal by the licensed veterinarian as provided in subsection (a) shall relieve the licensed veterinarian and custodian to whom the animal may be given of any further liability for disposal.
(c) For the purpose of this article, the term abandoned shall mean to forsake entirely, to neglect, or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his or her agent. The abandonment shall constitute the relinquishment of all his or her rights and claims by the owner to the animal.
(d) The disposal of an abandoned animal shall not relieve the owner or agent thereof of any financial obligation incurred for treatment, boarding, or care by the veterinarian.
(Acts 1986, No. 86-500, p. 956, §27; Acts 1997, No. 97-249, p. 431, §1.)
(a) Whenever the practice of veterinary medicine is carried on by a partnership, all partners shall be either licensed or holders of temporary licenses to practice veterinary medicine in the State of Alabama.
(b) It shall be unlawful for any licensed veterinarian to practice veterinary medicine as an employee of any person or other entity not engaged primarily in the practice of veterinary medicine or for any person that is the owner or owners of an active veterinary practice to be other than a veterinarian or veterinarians duly licensed in the State of Alabama.
(c) The following shall be exempt from this section:
(1) A veterinarian employed by a person treating his or her employer’s animals.
(2) A veterinarian employed by an official agency of the federal or state government or any subdivision thereof.
(3) A veterinarian employed by any licensed research facility.
(4) An heir or heirs inheriting under the terms of a will or by intestate succession for a period of two years following the death of the licensee.
(Acts 1986, No. 86-500, p. 956, §28; Acts 1997, No. 97-249, p. 431, §1.)
(a) Any facility, including mobile clinics or any other premises where a licensed veterinarian practices shall have a premise permit issued by the board. Upon application and payment of a premise permit fee and an inspection fee, if necessary to cover the cost of inspection, the board shall cause a facility to be inspected. A premise permit shall be issued if the facility meets minimum standards to be adopted by the administrative code of the board as to sanitary conditions and physical plant. In lieu of the above procedure, the board may issue a premise permit to any premise which is accredited by a recognized organization whose standards meet or exceed minimum board standards as established by the administrative code of the board.
(b) Each application for premise permit shall set forth the names of all licensed veterinarians who shall be responsible for the management of the premises.
(c) The premise permit may be revoked, suspended, or denied when inspection reveals that the premises do not meet the standards set by the administrative code of the board or when the license of the responsible veterinarian or veterinarians has been suspended or revoked.
(d) The board may cause the closure of a facility and impose a penalty against any owner, operator, or responsible veterinarian of any premises operating without a premise permit in violation of this section or in violation of the administrative code of the board. No penalties so imposed shall exceed one thousand dollars ($1,000) for each count or separate offense. In order that the board and the executive director may determine whether or not a danger to the public or to animals exists, the executive director or investigators employed by the board may conduct inspections or investigations of premises suspected of being in violation of any rule of the board. If a violation is found in conducting an inspection which is determined to be a hazard and a danger to the public or to animals, the executive director may suspend that premise permit until further notice.
(e) All premise permits shall be renewed yearly by payment of a fee to the board.
(f) Veterinary facilities shall be reinspected periodically as determined by the board.
(g) Premise permits issued to satellite, outpatient, or mobile small animal clinics shall state the name of the full service veterinary facility in that locale providing emergency and after hours service. Premise permits issued to mobile large animal clinics shall state the name of the full service veterinary facility in that locale providing radiology, emergency, and after hours service. Mobile clinics operating in more than one locale, i.e. city, shall have a premise permit for each locale. If the agreement between the outpatient, satellite, mobile large animal clinic, mobile small animal clinic, and the full service veterinary clinic providing back-up service ceases, the board shall be notified immediately and a new agreement for back-up service shall be provided before the issuance of a new premise permit.
(Acts 1986, No. 86-500, p. 956, §29; Acts 1987, No. 87-794, p. 1557, §9; Acts 1997, No. 97-249, p. 431, §1.)
Each person to whom a license or premise permit, or both, is issued shall keep such license or premise permit, or both, conspicuously displayed in his or her office, place of business, or place of employment and shall, whenever required, exhibit the license or premise permit, or both, to any member or authorized representative of the board.
(Acts 1986, No. 86-500, p. 956, §30; Acts 1997, No. 97-249, p. 431, §1.)
(a) Any licensed veterinarian who in good faith as a volunteer and without fee renders emergency care or treatment to a domestic animal shall not be liable in a suit for damages as a result of his or her acts or omissions which may occur during emergency care or treatment, nor shall he or she be liable to any animal hospital for its expense if under emergency conditions he or she orders an animal hospitalized or causes his or her admission to a hospital.
(b) Any licensed veterinarian who in good faith renders or attempts to render emergency care at the scene of an accident or emergency to the human victim or victims thereof shall not be liable for any civil damages as a result of any act or omissions by persons rendering or attempting to render the emergency care.
(Acts 1986, No. 86-500, p. 956, §31; Acts 1997, No. 97-249, p. 431, §1.)
A person who is a graduate of a college of veterinary medicine not accredited by the American Veterinary Medical Association shall be eligible to take the regularly scheduled state licensing examination given by the board upon furnishing all the following required documents or items:
(1) The certificate of the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates (ECFVG).
(2) A certificate evidencing the completion of a one-year internship as required by the ECFVG in a veterinary hospital or clinic approved by the Alabama State Board of Veterinary Medical Examiners. This internship can be completed in more than one hospital or clinic; however, a minimum of three months shall be spent in any one place and the intern shall receive a variety of veterinary experience. This internship may commence prior to or following the national and state examinations and all shall be completed within an 18-month period. The sponsoring practitioner of the internship shall give a complete written report to the board at the completion of each three months which shall include a performance evaluation of the intern. The board shall insure that the internship was satisfactorily completed by the applicant prior to issuance of a state license. The ECFVG certificate shall be in addition to all other requirements expected for licensing of veterinarians in Alabama.
(3) Proof of his or her citizenship of the United States and of good moral character.
(Acts 1986, No. 86-500, p. 956, §32; Acts 1997, No. 97-168, p. 243, §3, Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1.)
The Alabama State Board of Veterinary Medical Examiners may require that all applicants serve as a student preceptee working under the supervision of a veterinarian licensed in any state for a minimum period of nine consecutive weeks.
(Acts 1986, No. 86-500, p. 956, §33; Acts 1997, No. 97-249, p. 431, §1.)
(a) In order to obtain a license as a veterinary technician, the applicant shall do all of the following:
(1) Submit a complete notarized application on a form prescribed by the board setting forth that the applicant meets all of the following qualifications:
a. At least 18 years of age.
b. Of good character.
c. Has attained a competent school education and has received a diploma in veterinary technology from an American Veterinary Medical Association accredited school, or other school of veterinary technology approved by the board.
(2) Submit an application accompanied by an authenticated copy of the college transcript of the applicant signed by the dean or the registrar of the school, college, or university.
(3) Submit an application accompanied by a photograph of reasonable likeness of the applicant taken within six months of the date of the application.
(4) Submit an application fee as prescribed by the board.
(b) Notification and penalty for nonrenewal of licenses for veterinary technicians shall be applied as provided in this article for veterinarians.
(c) The board may adopt the Veterinary Technician National Examination and passing criteria prepared by the Professional Examination Service (PES), or any other veterinary technician national examination as the sole veterinary technicians examination or in addition to a state examination at its discretion.
(1) Examination of applicants for licensing as veterinary technicians in Alabama shall be held at a time, place, and date set by the board. Appropriate public notice of the time and place of the examination shall be given at least 90 days in advance of the date set forth for the examination.
(2) A passing score on the AVMA approved National Licensing Examination shall be determined by the professional examination provider based on a national criteria which reflects a passing score of at least 70 percent. Each applicant who passes the examination and meets all other requirements for licensure prescribed by the board shall be granted a license as a veterinary technician and shall be registered as such and a record kept by the board, and shall receive a license in a form to be prescribed by the board.
(d) There shall be an annual renewal of each veterinary technician’s license and the renewal fee established and published by the board.
(e) The supervising veterinarian may require a licensed veterinary technician to perform any task for which he or she has been trained as delineated in the American Veterinary Medical Association’s essential tasks list for veterinary technician teaching programs. The following tasks may be performed under the level of supervision indicated unless specifically prohibited by regulation and the supervision shall be under a licensed veterinarian currently registered to practice in this state, provided the veterinarian makes examinations in a manner and frequency consistent with the accepted standard of care for the condition of the patient and for the condition being treated:
(1) A licensed veterinary technician may perform the following tasks under the indirect supervision of a veterinarian. If the animal is anesthetized, these tasks shall require the direct supervision of a veterinarian:
a. Dental prophylaxis.
b. Enemas.
c. Electrocardiography.
d. Application of bandages.
e. Catheterization of the unobstructed bladder and inserting indwelling catheter.
f. Gavage.
g. Ear flush.
h. Surgical site preparation.
i. Diagnostic imaging:
Patient preparation and positioning.
Operation of X-ray and ultrasound machines.
Oral and rectal administration of radio-opaque materials.
j. Injections of medications not otherwise prohibited:
Intramuscular.
Subcutaneous.
Intravenous.
Intradermal.
k. Oral medications.
l. Topical medication.
m. Laboratory:
Collection of tissue during or after a veterinarian has performed necropsy.
Urinalysis.
Hematology.
Parasitology.
Exfoliative cytology.
Microbiology.
Blood chemistry.
Serology.
Coprology.
n. Administration of preanesthetic drugs.
o. Oxygen therapy.
p. Removal of partially exposed foreign objects from skin and feet.
q. Removal of sutures.
r. Euthanasia.
s. Administration of immunological agents.
t. Blood collection for diagnostic purposes.
u. Cystocentesis.
v. Placement of a device to allow vascular access.
w. Handling of biohazardous waste materials.
(2) A licensed veterinary technician may perform the following tasks under the direct supervision of a veterinarian:
a. Endotracheal intubation.
b. Blood administration and collection.
c. Fluid aspiration.
d. Intraperitoneal injections.
e. Assist during surgery and diagnostics and treatment procedures.
f. Monitoring of vital signs of anesthetized patient.
g. Application of splints.
h. Induce anesthesia by intravenous, intramuscular, or subcutaneous injection, or by inhalation.
i. When the animal is anesthetized, those tasks listed under subdivision (1).
j. Suturing skin lacerations, the site shall be examined by a veterinarian prior to and following suture.
(3) An unlicensed assistant may perform the following tasks under the indirect supervision of a licensed veterinarian or licensed veterinary technician:
a. Blood collection for diagnostic purposes.
b. Fecal sample collection.
c. Surgical site preparation.
d. Administration of previously prescribed medications: Opthalmic, otic, oral, topical, or parenteral.
e. Handling of biohazardous waste materials.
(4) An unlicensed assistant may perform the following tasks under the immediate supervision of a licensed veterinarian or a licensed veterinary technician:
a. Blood collection and administration.
b. Placement of a device to allow vascular access.
c. Gavage.
d. Diagnostic imaging:
Patient preparation and positioning.
Film exposure.
Oral and rectal administration of radio-opaque materials.
e. Intravenous injections of medications not otherwise prohibited.
f. Exfoliative cytology preparation.
g. Application of bandages.
h. Ear flush.
i. Electrocardiography.
j. Removal of sutures.
k. Euthanasia.
l. Assist during surgery and diagnostics.
m. Place endotracheal tube.
(f) Under the conditions of an emergency, a licensed veterinary technician may render the following lifesaving aid and treatment:
(1) Application of tourniquets or pressure bandages, or both, to control hemorrhage.
(2) Administration of pharmacological agents and parenteral fluids shall only be performed after direct communication with a veterinarian authorized to practice in this state and the veterinarian is either present or in route to the location of the distressed animal.
(3) Resuscitative respiratory procedures.
(4) External cardiac massage.
(5) Application of temporary splints or bandages to prevent further injury to bones or soft tissue.
(6) Application of appropriate wound dressings and external supportive treatment in severe burn cases.
(g) Any persons licensed or certified pursuant to this article who gratuitously and in good faith give emergency treatment to a sick or injured animal at the scene of an accident or emergency shall not be liable for damages to the owner of the animal in the absence of gross negligence.
(h) Any licensed veterinary technician who in good faith renders or attempts to render emergency care at the scene of an accident or emergency to the human victim or victims thereof shall not be liable for any civil damages as a result of any act or omission by the person in rendering or attempting to render the emergency care.
(i) Any veterinary technician shall display his or her license at his or her place of employment as to be easily accessible to the public or his or her clients.
(j) The board shall revoke the license of any veterinary technician convicted of or pleading nolo contendere to a felony, a crime involving moral turpitude, or who is guilty of one or more of the following:
(1) Soliciting patients from any practitioner of the healing arts.
(2) Willfully or negligently divulging a professional confidence or discussing a diagnosis or treatment of a veterinarian without the express permission of the veterinarian.
(3) The habitual or excessive use of intoxicants or drugs.
(4) Fraud or misrepresentation in applying for or procuring a license to perform as a veterinary technician or in applying for or procuring an annual registration.
(5) Impersonating another person licensed as a veterinary technician or allowing any person to use his or her license as a technician.
(6) Abetting or aiding the practice of veterinary medicine by a person not licensed by the board.
(7) Gross negligence in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian.
(8) Manifest incapability or incompetence to perform as a veterinary technician.
(k) The board may revoke or suspend any license which they may have issued for violation of this article relating to the practice of veterinary medicine or the conduct of veterinary technicians, or both, for the violation of the administrative code of the board after notice and hearing proceedings, as provided by Section 34-29-79. Appeals from any adverse action of the board under this section shall be made to the Circuit Court of Montgomery County.
(l) Any veterinarian who permits a veterinary technician to work and perform the duties of a licensed technician in his or her office without having been issued a license or any licensed veterinary technician working in a veterinary office without a license shall be guilty of a misdemeanor. Nothing, however, in this article shall be construed to prevent a student of veterinary technology from performing duties necessary to complete course requirements from an accredited school or college of veterinary technology while under the supervision of a competent instructor of veterinary medicine recognized by the Alabama State Board of Veterinary Medical Examiners.
(m) A minimum number of hours of continuing education shall be required yearly for license renewal as provided by the administrative code of the board.
(n) Graduates of veterinary technology programs not accredited by the AVMA may become eligible for licensure by meeting all of the requirements of the AVMA and successfully passing the AVMA approved veterinary technician licensing examination.
(Acts 1986, No. 86-500, p. 956, §35; Acts 1989, No. 89-236, p. 310, §§3, 4; Acts 1997, No. 97-249, p. 431, §1; Act 2006-590, p. 1596, §1; Act 2010-536, p. 905, §1.)
For the purposes of this article the following terms shall have the following meanings:
(1) IMPAIRED. The inability of a veterinary professional to practice veterinary medicine or veterinary technology 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.
(2) VETERINARY PROFESSIONAL. A veterinary licensed to practice veterinary medicine and veterinary technicians who are licensed to practice veterinary technology.
(Act 2000-453, p. 815, §1.)
(a) It shall be the duty and obligation of the State Board of Veterinary Medical Examiners to promote the early identification, intervention, treatment, and rehabilitation of veterinary professionals licensed to practice veterinary medicine or veterinary technology in Alabama who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
(b) In order to carry out this obligation the State Board of Veterinary Medical Examiners may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee of veterinary professionals to be designated the Alabama Veterinary Professionals Wellness Committee. The committee shall consist of not less than 10 nor more than 15 veterinary professionals licensed to practice in Alabama and selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the Alabama Veterinary Professionals Wellness Committee, including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The funds provided by the board for the purpose of operating expenses shall not be subject to any provision of law requiring competitive bidding.
(c) The Board of Veterinary Medical Examiners may enter into an agreement with a nonprofit corporation or medical professional association for the Alabama Veterinary Professionals Wellness Committee to undertake those functions and responsibilities specified in the agreement which may include any or all of the following:
(1) Contracting with providers of treatment programs.
(2) Receiving and evaluating reports of suspected impairment from any source.
(3) Intervening in cases of verified impairment.
(4) Referring impaired veterinary professionals to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired veterinary professionals.
(6) Providing post-treatment monitoring and support of rehabilitated impaired veterinary professionals.
(7) Performing other activities as agreed by the Board of Veterinary Medical Examiners and the Alabama Veterinary Professionals Wellness Committee.
(d) The Alabama Veterinary Professionals Wellness Committee shall develop procedures in consultation with the Board of Veterinary Medical Examiners for the following:
(1) Periodic reporting of statistical information regarding impaired veterinary professionals program activity.
(2) Periodic disclosure and joint review of the information as the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report, provided, however, that the committee shall not disclose any personally identifiable information except as provided in this article.
(e) Any veterinary professional licensed in Alabama who shall be duly appointed to serve as a member of the Alabama Veterinary Professionals Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this article, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, shall, in the performance and operation thereof, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or state or county veterinary medical association that contracts with or receives funds from the State Board of Veterinary Medical Examiners for the creation, support, and operation of the Alabama Veterinary Professionals Wellness Committee shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(f) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the Alabama Veterinary Professionals Wellness Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other proceedings of such committee are declared to be privileged and confidential. All records and proceedings of the committee pertaining to the impaired veterinary professional shall be confidential and shall be used by the committee and the members thereof only in the exercise of the proper function of the committee and shall not be public records nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired veterinary professional, any and all records pertaining to the conduct determined to cause the breach of contract will be disclosed to the regulatory board upon its request for disciplinary purposes only. Nothing contained herein shall apply to records made in the regular course of business of a veterinary professional and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Veterinary Professionals Wellness Committee.
(g) The Alabama Veterinary Professionals Wellness Committee shall render an annual report to the State Board of Veterinary Medical Examiners concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any veterinary professional who in the opinion of the committee is unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition when it appears that the veterinary professional is currently in need of intervention, treatment, or rehabilitation and the veterinary professional has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee. A report to the Alabama Veterinary Professionals Wellness Committee shall be deemed to be a report to the Board of Veterinary Medical Examiners for the purposes of any mandated reporting of veterinary professional impairment otherwise provided for by law.
(h) If the Board of Veterinary Medical Examiners has reasonable cause to believe that a veterinary professional is impaired, the board may cause an evaluation of the veterinary professional to be conducted by the Alabama Veterinary Professionals Wellness Committee for the purpose of determining if there is an impairment. The Alabama Veterinary Professionals Wellness Committee shall report the findings of its evaluation to the Board of Veterinary Medical Examiners.
(Act 2000-453, p. 815, §2.)
(a) The State Board of Veterinary Medical Examiners, hereinafter called the board, shall adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of sodium pentobarbital, sodium pentobarbital with lidocaine, or other similar agents at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats, or federally licensed wildlife rehabilitation centers, for the purpose of euthanizing injured, sick, or abandoned animals which are in their lawful possession. The rules shall set forth guidelines for the proper storage and handling of the substances and other provisions as may be necessary to ensure that these drugs are used solely for the purpose set forth in this section. The rules shall also provide for an application or inspection fee and an annual renewal fee.
(b) Any facility approved by the board that operates for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats, or a federally licensed wildlife rehabilitation center may apply to the board for a permit to purchase, possess, and use sodium pentobarbital and sodium pentobarbital with lidocaine pursuant to subsection (a). Upon certification by the board that the applicant meets the qualifications set forth in the rules, a permit shall be issued.
(c) The board may revoke or suspend the permit upon a determination that the permittee is using the scheduled substances for any purpose other than that set forth in this section or if the permittee fails to follow the rules of the board regarding proper storage and handling of the substance.
(Act 2004-523, p. 1067, §1.)
(a) The board shall provide by rule that sodium pentobarbital, a sodium pentobarbital derivative, or other authorized injectable agents that act on the central nervous system shall be the only means of euthanasia of dogs and cats at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats.
(b) The board shall promulgate rules providing for the use of carbon monoxide, CO, and inhalant anesthetics as an acceptable alternative to the injectable agents for individual animals or mass euthanasia in small animals other than dogs or cats. Rules shall include provisions for the type of chamber and gas used, training and inspection requirements, humane comfort of the animals, and safety precautions for personnel.
(c) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a facility approved by the board that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a euthanasia technician certification course. The curriculum for the course shall be approved by the board and shall include, at a minimum, all of the following:
(1) The pharmacology, proper administration, and storage of euthanasia solutions.
(2) Federal and state laws regulating the storage and accountability of scheduled drugs.
(3) OSHA Safety and Material Safety Data Sheet Regulations.
(4) Euthanasia stress management.
(5) Proper disposal of euthanized animals.
(d) Notwithstanding the foregoing, a licensed veterinary technician, in accordance with Section 34-29-94, and regulations adopted pursuant thereto, who is an employee or agent of a licensed veterinarian or animal shelter as defined in Section 34-29-130, may perform euthanasia without completing the certification course required by subsection (c).
(e) Within by January 31, 2012, any animal shelters operated for the collection and care of stray, neglected, abandoned, or unwanted animals, which operated a gas chamber prior to that date shall have dismantled and removed its gas chamber and shall provide documentation to that effect to the board.
(Act 2004-523, p. 1067, §2; Act 2011-626, p. 1479, §2.)
Whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent or designee of a local animal control unit may humanely destroy the animal, as provided herein.
(1) Whenever any domestic animal is so injured or diseased as to appear useless and is in a suffering condition, and it reasonably appears to any officer that the animal is imminently near death and cannot be cured or rendered fit for service, and the officer has made a reasonable and concerted, but unsuccessful, effort to locate the owner, the owner’s agent, or a veterinarian, then the officer, acting in good faith and upon reasonable belief, may immediately destroy the animal by shooting the animal or injecting the animal with a barbiturate drug. If the officer locates the owner or the owner’s agent, the officer shall notify the owner or the owner’s agent of the animal’s location and condition. If the officer locates only a veterinarian, the officer shall destroy the animal only upon the advice and recommendation of the veterinarian.
(2) In the absence of negligence, wantonness, or willful conduct, no officer or veterinarian acting in good faith and with due care pursuant to this article may be held liable either criminally or civilly for euthanizing an animal, nor shall any civil or criminal liability attach to the employer of the officer or veterinarian.
(3) A court order shall not be necessary to carry out the provisions of this section.
(Act 2004-523, p. 1067, §3.)
No animal may be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may the body of the animal be disposed of until death has been confirmed by a euthanasia technician or other qualified person as defined by this chapter.
(Act 2004-523, p. 1067, §4.)
(a) The Attorney General may bring action to enjoin any violation of this article.
(b) Any person who violates this article shall be guilty of a Class B misdemeanor and upon conviction shall be punished as provided by law.
(Act 2004-523, p. 1067, §§5, 6.)
Notwithstanding the provisions of Section 34-29-94, this article shall prevail in all cases in which there is a direct conflict.
(Act 2004-523, p. 1067, §9.)
As used in this chapter, the following words and terms shall have the following meanings:
(1) BOARD. The State Board of Social Work Examiners established under this chapter.
(2) SOCIAL WORK. The professional activity of helping individuals, groups, or communities enhance or restore their capacity for social functioning, and of preventing or controlling social problems altering societal conditions as a means towards enabling people to attain their maximum potential.
(3) SOCIAL WORK PRACTICE. The professional application of social work values, principles, and techniques to one or more of the following ends: Helping people obtain tangible services, assessment and opinions, counseling with individuals, families, and groups, helping communities or groups provide or improve social and health services, engaging in research related to those ends and principles, and administering organizations and agencies engaging in such practice. The practice of social work requires knowledge of human development and behavior, of social, economic, and cultural institutions and of the interaction of all these factors.
(4) SOCIAL WORK SPECIALTY. A defined area of social work practice recognized and approved by the Board of Social Work Examiners.
(5) SOCIAL WORK METHOD. An orderly, systematic mode of practice and procedure recognized and approved by the Board of Social Work Examiners. This includes but is not limited to social casework, social group work, and community organization.
(6) FULL-TIME SOCIAL WORK. Thirty-five hours per week.
(7) PART-TIME SOCIAL WORK. At least 10 hours per week or more, and will be considered equivalent to full-time social work on a pro rata basis as determined by the board.
(Acts 1977, No. 652, p. 1102, §2; Act 2016-313, §1.)
It is hereby declared to be the public policy of this state and the purpose of this chapter to protect the public by setting standards of qualification, education, training, and experience for those who seek to engage in the practice of social work and to protect the public by promoting high standards of professional performance for those engaged in the profession of social work, holding themselves forth as social workers.
(Acts 1977, No. 652, p. 1102, §1.)
(a) No individual may engage in the independent clinical practice of social work unless he or she satisfies all of the following:
(1) Is licensed under this chapter as an independent clinical social worker.
(2) Has a doctorate or master’s degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education.
(3) Has had two years’ full-time or three years’ part-time postgraduate experience under appropriate supervision in the specified social work method or four years’ full-time or five years’ part-time postgraduate experience under appropriate supervision in the speciality in which the applicant will practice.
(4) Has passed an examination prepared by the board for this purpose; except, that prior to the time that an examination is prepared by the board for this purpose, no individual who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work.
(5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board.
(6) Has paid an initial certification fee set by the board.
(b) The scope of practice of a licensed independent clinical social worker includes the authority to diagnose and develop treatment plans. The scope of practice does not include the diagnosis, treatment, or provision of advice to a client for problems or complaints relating to conditions outside the boundaries of the practice of social work.
(c) For the purposes of this section, the terms “diagnose” and “treatment,” whether considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act that a licensed clinical social worker is not educated or trained to perform including, but not limited to, any of the following:
(1) Administering and interpreting psychological tests or intellectual, neuropsychological, personality, or projective instruments.
(2) Admitting any individual to a hospital for treatment of any condition that is outside the boundaries of the practice of social work, as provided in subsection (b).
(3) Treating any individual in a hospital setting without medical supervision.
(4) Prescribing medicinal drugs.
(5) Authorizing clinical laboratory procedures or radiological procedures.
(6) Using electroconvulsive therapy.
(d) Nothing in this section shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any other individual, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6, commencing with Section 10A-20-6.01 of Chapter 20, Title 10A, provide coverage or reimbursement for the services described or authorized in this section.
(Acts 1977, No. 652, p. 1102, §7; Act 2008-136, p. 204, §3; Act 2016-313, p. 779, §1; Act 2023-100, §1.)
(a) The State Board of Social Work Examiners may deny an application or, after a hearing, may refuse to renew, may suspend, or may revoke any license issued under this chapter upon proof that the person has engaged in unprofessional conduct within the last five years, including, but not limited to:
(1) Conviction of a felony;
(2) Habituation or addiction to habit-forming drugs, either of which impairs the ability to perform his or her work;
(3) Conviction of fraud or deceit in connection with services rendered as a social worker licensed under this chapter or in establishing qualifications under this chapter;
(4) Aiding or abetting a person not licensed under this chapter who is falsely representing himself or herself as a social worker licensed under this chapter;
(5) Failing to be relicensed and continuing to represent himself or herself as licensed after the expiration of his or her license; or
(6) Being found guilty of unprofessional conduct by the rules established by the Board of Social Work Examiners.
(b) In addition to the disciplinary powers provided in subsection (a), the board may levy and collect administrative fines for serious violations of this chapter or the rules and regulations of the board of not more than $500 for each violation.
(Acts 1977, No. 652, p. 1102, §9; Acts 1992, No. 92-121, p. 204, §3; Act 2009-727, p. 2176, §1.)
The following procedure will apply to revocation and suspension hearings and to judicial review of these hearings:
(1) Hearings are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended decisions to be by majority vote of the panel.
(2) Reasonable notice (20 days’ minimum) of charges to be served personally or by registered mail.
(3) Stenographic record of proceedings.
(4) A person licensed under this chapter whose license is subject to suspension or revocation is entitled to:
a. The presence of counsel at the hearing at his expense;
b. The right to cross-examination of witnesses;
c. The right to call witnesses on his or her own behalf; and
d. The right to subpoena witnesses and documents.
(5) Any person affected by the action of the board in refusing his or her application or suspending or revoking his or her license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10 days’ written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereof or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court, upon appeal, shall set aside the determination of the board if the board’s determination:
a. Is not based upon substantial evidence upon the entire record;
b. Is arbitrary or capricious;
c. Is in violation of statutory requirements; or
d. Was made without affording the licensee or applicant due process of law.
(6) The board may, in its discretion, seek an injunction against any person engaged in violation of this chapter.
(Acts 1977, No. 652, p. 1102, §10; Act 2016-313, §1.)
(a) All fees collected pursuant to this chapter shall be nonrefundable and shall be deposited in the State Treasury to the credit of the Board of Social Work Examiners and shall constitute a separate fund to be disbursed as prescribed in subsection (b) of this section.
(b) For the purpose of carrying out the objects of this chapter, and for the exercise of the powers herein granted, the Board of Social Work Examiners shall have power to direct the disbursement of the separate fund created by subsection (a) of this section, which shall be paid on warrant of the state Comptroller upon certificate or voucher of the secretary of the board, approved by the president or vice-president of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41, and only in amounts as stipulated in the general appropriation bill. Such amounts shall not exceed the amount in the separate fund established by subsection (a) of this section.
(Acts 1977, No. 652, p. 1102, §12.)
(a) Except as otherwise provided in subsection (b), no person may engage in the practice of social work, holding himself or herself forth as a “social worker,” a “licensed bachelor social worker,” a “licensed master social worker,” or a “licensed independent clinical social worker,” unless that person is so licensed under this chapter or excluded according to its provisions.
(b) The board shall reissue the appropriate redesignated license to any person licensed on August 1, 2016, as a graduate social worker or a certified social worker. Notwithstanding the foregoing, any license issued to a graduate social worker or a certified social worker prior to that date shall continue to be valid for the duration of the license or until the appropriate redesignated license is issued by the board. Any person licensed by the board as a graduate social worker or a certified social worker on that date may continue to use the prior designated licensure titles for a period of two years or as otherwise provided by the board. It is the intent of Act 2016-313 to only change the licensure titles unless expressly otherwise provided herein and to provide for an orderly transition in the use of the prior licensure titles by any person licensed on that date.
(Acts 1977, No. 652, p. 1102, §3; Act 2016-313, §1.)
(a) Nothing in this chapter shall be construed to prevent qualified physicians, surgeons, psychologists, psychotherapists, attorneys, marriage counselors, family counselors, school counselors, or members of the clergy or any other individual from doing work within the standards and ethics of their respective professions and calling; provided, that they shall not hold themselves out to the public by any title or description of service as being engaged in the practice of social work.
(b) Any group already licensed under state law shall be exempt from the provisions of this chapter.
(c) Students enrolled in recognized programs of study leading to social work degrees shall not be prevented from practicing social work; provided, that their practice shall be performed under the supervision of a licensed certified social worker, or one who meets the qualifications for licensing as a certified social worker as defined in this chapter.
(Acts 1977, No. 652, p. 1102, §3.)
The State Board of Social Work Examiners shall issue a license as a “licensed bachelor social worker,” a “licensed master social worker,” or a “licensed independent clinical social worker” to an applicant who satisfies all of the following requirements:
(1) Is at least 19 years of age.
(2) Has paid an initial examination fee established by the board.
(3) Has passed an examination prepared by the state board for that purpose.
(4) Has ascribed to a professional code of ethics developed and adopted by the board.
(5) Meets all of the following additional requirements for the level at which they are applying to be licensed:
a. Bachelor social worker:
Has a baccalaureate degree from an accredited college or university including completion of a social work program. At the end of five years from June 8, 1984, applicants who then apply shall have a baccalaureate degree from an accredited college or university, including completion of a social work program approved, accredited, or in candidacy granted by the Council on Social Work Education.
For a period of six years from May 23, 1977, an applicant may be licensed who has a baccalaureate degree from an accredited college or university and has successfully completed two years of full-time continuous employment in a social work position under supervision approved by the board; or
Until March 1, 1996, an applicant may be licensed who has a bachelor’s degree in social work or a bachelor’s degree in a human services field such as sociology, rehabilitation counseling, psychology, and guidance counseling.
b. Master social worker: Has a Master of Social Work or a Doctor of Social Work from a college or university approved, accredited, or in candidacy granted by the Council on Social Work Education.
c. Independent clinical social worker:
Has a Master of Social Work or a Doctor of Social Work from a college or university approved, accredited, or in candidacy granted by the Council on Social Work Education.
Has had at least two years of post-master or doctorate experience in the practice of social work under the supervision of a licensed independent clinical social worker.
(6) Is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(Acts 1977, No. 652, p. 1102, §5; Acts 1984, 1st Ex. Sess., No. 84-730, p. 65, §1; Acts 1992, No. 92-121, p. 204, §3; Acts 1994, No. 94-639, p. 1199, §1; Acts 1995, No. 95-768, p. 1815, §1; Act 2008-136, p. 204, §3; Act 2016-313, §1.)
From May 23, 1977, until November 24, 1978, the Board of Social Work Examiners shall receive applications from individuals, such applications being duly notarized and sworn, which outline the applicant’s eligibility for licensure under the criteria specified in either subdivision (1), (2), or (3) of this section, accompanied by an initial application fee of $50 in the form of a certified check made payable to the Alabama State Board of Social Work Examiners, and upon review and necessary verification of the applicant’s sworn statement, said board shall issue a license as a “licensed bachelor social worker,” a “licensed graduate social worker,” or a “licensed certified social worker” to an applicant who meets the following requirements for a level of licensure; provided, that any person seeking licensure under this section shall make application within four months of the date he or she first becomes eligible for licensing under this section; and provided further, that such application is received by the board and such eligibility occurred within 18 months from May 23, 1977:
(1) Bachelor social worker: An applicant who holds a baccalaureate degree from an accredited college or university and who satisfies the board that he or she is presently employed in a full-time social work position.
(2) Graduate social worker:
a. An applicant who holds a Master of Social Work or a Doctor of Social Work from a college or university approved or accredited by the Council on Social Work Education; or
b. An applicant who has successfully completed one semester of social work education in a graduate school of social work approved or accredited by the Council on Social Work Education and who satisfies the board that he or she is and has been actively engaged, for at least five consecutive years of full-time employment, in the practice of social work.
(3) Certified social worker: An applicant who holds a Master of Social Work or a Doctor of Social Work from a college or university approved or accredited by the Council on Social Work Education and who is and has been actively engaged, for at least two consecutive years of full-time post-master or doctorate employment, in the practice of social work.
(Acts 1977, No. 652, p. 1102, §6.)
Upon receipt of an application from a person who holds a valid social workers’ license from another state of the United States which requires standards equivalent to Alabama’s for licensing and who possesses all the qualifications prescribed in Section 34-30-22, except that he or she has not paid the examination fee or passed the examination prepared by the board, accompanied by the initial license fee, the board shall issue a license as a “licensed bachelor social worker,” “licensed master social worker,” or “licensed independent clinical social worker” to the applicant therefor.
(Acts 1977, No. 652, p. 1102, §6; Act 2016-313, §1.)
After November 24, 1978, the initial fee for a license shall be at least $50 and the fee for renewal thereof shall be at least $25.
(Acts 1977, No. 652, p. 1102, §12.)
(a) All licenses and certificates under this chapter shall be effective when issued by the State Board of Social Work Examiners.
(b) All licenses and certificates issued by the board shall expire on the last day of the month in the calendar year that is exactly two years from the calendar year and month in which the license or certificate is issued.
(c) A license or certificate may be renewed by the payment of the renewal fee set by the board and by the execution and submission on a form provided by the board of a sworn statement by the applicant that his or her license or certificate has been neither revoked nor currently suspended.
(d) At the time of license renewal, each applicant shall present satisfactory evidence that in the period since the license was issued, such applicant has completed the continuing education requirements specified by the board. At the time of license renewal, the board may, in its discretion, waive the continuing education requirement upon a showing by an applicant that prolonged illness or other extenuating circumstances prevented completion of such requirements. A waiver shall not be granted to any applicant twice in succession.
(e) The application for renewal must be made within 60 days after the expiration of the license or the termination of the period of suspension.
(f) No licensee shall be denied a license renewal based on the fact that such licensee has not actively practiced social work for the previous licensing period, provided that all licensing renewal fees have been paid to the board by the licensee.
(g) A licensee under this chapter who is not engaged in the practice of social work or who does not live in the state may request, in writing, that the board place his or her name on the board’s inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a license to practice pursuant to subsection (a) at a later time if he or she wishes to become actively engaged in the practice.
(h) If, upon receipt of the request as provided in subsection (g), the board determines that the social worker shall be permitted to retain his or her initial registration or certification, the social worker shall pay a biennial registration fee in such amount as the board, from time to time, shall determine. If a social worker who has elected inactive status wishes to reenter the practice, he or she shall make application to the board for licensure to practice. To ensure competency to practice, the board, in its rules, shall specify the number of hours of continuing education the applicant shall obtain before regaining active status.
(Acts 1977, No. 652, p. 1102, §11; Acts 1981, No. 81-221, p. 291, §4; Act 2009-727, p. 2176, §1.)
(a) Individuals licensed under Section 34-30-23 or Section 34-30-24 shall be exempt from any examination provided for in Section 34-30-22, subdivision (3).
(b) Any person who meets the following listed conditions shall be issued a certification as a “licensed certified social worker” without a written examination by the State Board of Social Work Examiners; provided, however, that any person seeking licensure under this section must do so within one year from April 4, 1988. The conditions to be met are as follows:
(1) Possess a baccalaureate degree from an accredited college or university.
(2) Have completed a minimum of six quarter-hours at an approved graduate school of social work on or before January 1, 1960.
(3) Completed a minimum of six years of full, continuous employment in a social work position under supervision approved by the board or seven years of full, continuous employment with a public or quasi-public agency in the State of Alabama on or before May 1, 1977.
Any person meeting the above conditions shall, upon application to the State Board of Social Work Examiners and the payment of $50, be issued certification as a “licensed certified social worker”; provided, however, that any person seeking licensure under this section must do so within one year from the passage of this amendment.
(c) Any person who holds a Master of Social Work degree or a master’s degree in vocational education from an approved college or university, plus one year experience or its equivalent, shall be granted the title of “graduate social worker” if the person has completed the requirements mentioned in this subsection on or before December 30, 1977, upon application to the State Board of Social Work Examiners and the payment of the fee of $50; provided, however, that any person seeking licensure under this section must do so within one year from the passage of this amendment.
(d) Notwithstanding the aforementioned provisions of this chapter, any person who has been previously licensed under subsection (b) or (c) of this section and who allows his or her license to expire and does not renew his or her license during the time period provided in Section 34-30-26, shall no longer be exempt from any examination provided for in Section 34-30-22(3); but instead must take the examination in order to be licensed under Section 34-30-23 or Section 34-30-24.
(Acts 1977, No. 652, p. 1102, §6; Acts 1988, No. 88-141, p. 210, §3.)
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.
(Acts 1977, No. 652, p. 1102, §5.)
Effective January 1, 1984, and thereafter, each person licensed under this chapter as a licensed bachelor social worker who has received two years or more of continuing supervision from a licensed graduate social worker or a licensed certified social worker may engage in the practice of social work without further supervision as long as this person remains in their same type of social work practice.
(Acts 1977, No. 652, p. 1102, §3; Acts 1984, No. 84-93, p. 124, §2.)
Nothing contained in this chapter shall prohibit licensed independent clinical social workers from practicing social work as partners or in groups, or from pooling fees and money received either by the partnerships or groups or by the individual members thereof for professional services furnished by any individual licensed independent clinical social worker, member or employee of such partnership or group, nor shall those constituting the partnership or groups be prohibited from sharing, dividing, or apportioning the fees and moneys received by them or by the partnership or group in accordance with partnership or other agreements, provided the certificate for doing business shall have been filed pursuant to law.
(Acts 1977, No. 652, p. 1102, §3; Act 2016-313, §1.)
Licensed independent clinical social workers shall be permitted to form professional associations to operate in the practice of social work according to Alabama law.
(Acts 1977, No. 652, p. 1102, §3; Act 2016-313, §1.)
Nothing contained in this chapter shall prohibit a Merit System or Civil Service employee who is employed in a social work position whose qualifications are established or determined by a regulatory board, pursuant to state or federal law, from engaging in the practice of social work.
(Acts 1977, No. 652, p. 1102, §3.)
(a) No person may represent himself or herself as a social worker by using the title “social worker,” “licensed bachelor social worker,” “licensed master social worker,” or “licensed independent clinical social worker,” or any other title that includes such words, or by adding the letters “SW,” “LBSW,” ” LMSW,” or “LICSW,” unless licensed under this chapter or excluded according to its provisions.
(b) No public or private agency, organization, or health facility may use the term “social worker,” “licensed bachelor social worker,” “licensed master social worker,” or “licensed independent clinical social worker” to apply to a person unless that person is so licensed under this chapter or excluded according to its provisions.
(c) After November 24, 1978, nothing contained in this chapter shall prohibit a Merit System or Civil Service employee who is employed in a social work position whose qualifications are established or determined by a regulatory board, pursuant to state or federal law, from representing himself or herself as a social worker by using the title “social worker.”
(d)(1) A person who knowingly, willfully, or intentionally violates any provision of this section is guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). The board and its members shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of this board and its members to furnish the proper prosecuting officers with such evidence as it or they may ascertain to assist them in the prosecution of any violation of this article, and the board is authorized for such purposes to make such reasonable expenditures from the funds of the board which it may deem necessary to ascertain and furnish such evidence.
(2) When it appears to the board that any person is in violation of any provisions of this section, the board may in its own name bring an action in the circuit court for any injunction, and the court may enjoin any person from violating this section regardless of whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent or temporary injunction, or restraining order, shall be granted.
(Acts 1977, No. 652, p. 1102, §4; Acts 1988, No. 88-141, p. 210, §3; Act 2016-313, §1.)
Nothing in this chapter shall be construed to authorize any individual licensed under this chapter to practice medicine or to describe or label any test, report, or procedure as psychological or as a psychological evaluation.
(Act 2023-100, §2)
(a) There is created an Alabama Board of Social Work Examiners, which shall consist of seven members who are citizens of this state and appointed by the Governor. No person shall be excluded from serving on the board by reason of race, sex, or national origin. Four members shall be “licensed certified social workers” under the provisions of this chapter, who have rendered service, education, or research in social work. Two members shall be “licensed graduate social workers” under the provisions of this chapter, who shall have rendered service, education, or research in social work. One member shall be a “licensed bachelor social worker” under the provisions of this chapter who has rendered service, education, or research in social work. Initial members shall be persons eligible for licensing as provided by this chapter. Members shall be appointed within 90 days after May 23, 1977, from a list of names of qualified persons submitted by any interested parties. The Governor may request the submission of additional names.
(b) After March 20, 1992, successor members of the board shall be appointed by the Governor as provided in this subsection. At least one position on the board shall be represented by a person who is a member of a minority race. Within 30 days following the expiration of a term or terms of office, the board shall notify each licensee in writing of the vacancy and shall solicit the nomination of not more than five licensed certified social workers, licensed graduate social workers, or licensed bachelor social workers, as the case may be, for consideration for each position to be filled. The board shall certify the names of not more than three persons receiving the highest number of nominations for each position to the Governor. The Governor shall appoint one of the nominated persons for the position or positions within 30 days following receipt of the list. If the Governor fails to make the appointment within the 30-day period, the person for each position receiving the highest number of nominations shall become the successor board member for that respective position. The first successor member appointed after March 20, 1992, shall be a member of a minority race who meets all other qualifications of this article. Beginning with the seventh appointment following March 20, 1992, not more than one member from any United States Congressional District, as those districts exist as of March 20, 1992, shall be appointed to serve at the same time.
(c) Any other provision of law notwithstanding, successors to the three terms that expire in October 2004 shall be appointed as follows: Two members shall be appointed for terms of two years and one member shall be appointed for a term of three years, with all terms expiring on September 30 of the final year of the term. Any other provision of law notwithstanding, successors to the four terms that expire in December 2005 shall be appointed as follows: One member shall be appointed for a term of two years and three members shall be appointed for terms of three years, with all terms expiring on September 30 of the final year of the term. Thereafter, subsequent appointments shall be for a term of three years, expiring on September 30 of the final year of the term. Each member shall hold office until his or her successor is appointed and assumes office. A two-year appointment to fill an expired term pursuant to this subsection shall be considered a consecutive term of office for determining the two consecutive terms of office limitation provided in Section 34-30-51. Any vacancy occurring other than by expiration of a term shall be filled for the remainder of the unexpired term by appointment of the Governor. An appointment to fill an unexpired term may not be considered a consecutive term of office for determining the two consecutive terms of office limitation provided in Section 34-30-51.
(Acts 1977, No. 652, p. 1102, §8; Acts 1988, No. 88-141, p. 210, §3; Acts 1992, No. 92-121, p. 204, §3; Act 2004-77, p. 103, §3; Act 2008-136, p. 204, §3.)
Members shall be limited to two consecutive terms of office.
(Acts 1977, No. 652, p. 1102, §8; Acts 1988, No. 88-141, p. 210, §3; Act 2004-77, p. 103, §3.)
Appointments to fill vacancies on the Board of Social Work Examiners caused by a reason other than the expiration of a member’s term shall be for the duration of the unexpired term and shall be made by the Governor from a list as described in Section 34-30-50.
(Acts 1977, No. 652, p. 1102, §8; Acts 1992, No. 92-121, p. 204, §3.)
Persons who are employed by the State of Alabama and who are subject to the Merit System shall not be prohibited from serving on the Board of Social Work Examiners, provided such person meets all other qualifications as a member of the board.
(Acts 1977, No. 652, p. 1102, §8.)
Compensation for members of the Board of Social Work Examiners shall be limited to travel and per diem, not to exceed the prevailing rate paid state employees, but the expense is not to exceed the amount derived in fees for licenses and fines.
(Acts 1977, No. 652, p. 1102, §8.)
Members of the Board of Social Work Examiners can be removed from office for cause in the manner provided by the statutes of Alabama for removal of public officials who are not subject to impeachment.
(Acts 1977, No. 652, p. 1102, §8.)
The Board of Social Work Examiners shall organize upon appointment and qualification of its members, and shall elect annually from its membership a chairman, a vice-chairman, and a secretary. The board shall meet twice each year and as frequently as it deems necessary at such times and places as the board designates. Additional meetings may be held upon call of the chairman or upon the written request of four members of the board. Four members of the board shall constitute a quorum. All members of the board must be notified in writing at least five days prior to all meeting dates. All such board meetings shall be open to the public and appropriate public notice shall be made.
(Acts 1977, No. 652, p. 1102, §8; Acts 1984, No. 84-93, p. 124, §3.)
In addition to the duties set forth elsewhere in this chapter, the Board of Social Work Examiners shall do all of the following:
(1) Recommend modifications and amendments to this chapter.
(2) Recommend to the appropriate district attorneys prosecutions for the violations of this chapter, after and only after the alleged violator has been notified of the violation or violations and having been given 90 days to disclaim, amend, and rectify the allegation.
(3) Annually publish a list of the names and addresses of all persons who are:
a. Licensed bachelor social workers, licensed master social workers, and licensed independent clinical social workers under this chapter.
b. Eligible to engage in the private independent practice of social work under this chapter.
(4) Establish fees for initial examination, licensure, certification, and renewal thereof; fees for verifying the existence of a current license, reactivating an inactive license, and reinstating a lapsed license; fees for making application to the board to act as a continuing education provider; and fees for registering a supervisor. Nothing in this subdivision shall be interpreted as requiring a state agency to pay any fees for the purposes of verifying the licensure status of current or prospective employees, registering any employee as a supervisor, or providing continuing education to current or prospective employees.
(5) Establish requirements and standards for continuing education. In establishing requirements, the board shall consult with those groups and organizations which represent both the levels of practice specified in this chapter and the various settings in which social work is practiced. Furthermore, in developing requirements, the board shall consider, but shall not be limited in its consideration to, agency recognized staff development programs under the auspices of public agencies, continuing education programs offered by colleges and universities having social work programs approved or accredited by the Council on Social Work Education, and continuing education programs offered by recognized state and national social work bodies.
(6) Adopt rules pursuant to the Alabama Administrative Procedure Act that set forth professional standards for licensed bachelor social workers, licensed master social workers, and licensed independent clinical social workers who are certified for the private independent practice of social work. Those proposed rules shall be published at least 30 days before the public hearing relative to the proposed rules, and at least 15 days before the hearing, the board shall publish notice of the date, time, and place where the public hearings of the board shall be held for the purpose of adopting or amending rules pertaining to this chapter.
(Acts 1977, No. 652, p. 1102, §8; Acts 1988, No. 88-141, p. 210, §3; Act 2021-315, §1.)
The Board of Social Work Examiners may accept contributions and bequests from individuals, organizations, and corporations and must expend these funds to carry out the purposes of this chapter. Records of receipts and expenditures of such funds shall be made available to Examiners of Public Accounts upon request.
(Acts 1977, No. 652, p. 1102, §12.)
(a) The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensing.
(b) This compact is designed to achieve all of the following objectives:
(1) Increase public access to social work services.
(2) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses.
(3) Enhance the member states’ ability to protect the public’s health and safety.
(4) Encourage the cooperation of member states in regulating multistate practice.
(5) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member states’ licenses.
(6) Support military families.
(7) Facilitate the exchange of licensing and disciplinary information among member states.
(8) Authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, rules, and applicable professional standards in the member state in which the client is located at the time care is rendered.
(9) Allow for the use of telehealth to facilitate increased access to regulated social work services.
(Act 2024-298, §1.)
As used in this compact, the following terms have the following meanings:
(1) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the active Armed Forces of the United States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensing affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.
(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
(4) CHARTER MEMBER STATE. Member states which have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in Section 34-30-113.
(5) COMPACT COMMISSION or COMMISSION. The governmental agency whose membership consists of all states that have enacted this compact, which is known as the Social Work Licensure Compact Commission, as described in Section 34-30-109, and which shall operate as an instrumentality of the member states.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission.
b. Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether he or she has been notified and has had an opportunity to respond.
(7) DATA SYSTEM. A repository of information about licensees, including continuing education, examination, licensing, current significant investigative information, disqualifying events, multistate licenses, and adverse action information or other information as required by the commission.
(8) DISQUALIFYING EVENT. Any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license.
(9) DOMICILE. The jurisdiction in which the licensee resides and intends to remain indefinitely.
(10) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.
(11) EXECUTIVE COMMITTEE. A group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact and the commission.
(12) HOME STATE. The member state that is the licensee’s primary domicile.
(13) IMPAIRMENT. A condition or conditions that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
(14) LICENSEE. An individual who currently holds a license from a state to practice as a regulated social worker.
(15) LICENSING AUTHORITY. The board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.
(16) MEMBER STATE. A state, commonwealth, district, or territory of the United States of America that has enacted this compact.
(17) MULTISTATE AUTHORIZATION TO PRACTICE. A legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.
(18) MULTISTATE LICENSE. A license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under a multistate authorization to practice.
(19) QUALIFYING NATIONAL EXAM. A national licensing examination approved by the commission.
(20) REGULATED SOCIAL WORKER. Any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.
(21) REMOTE STATE. A member state other than the licensee’s home state.
(22) RULE or RULE OF THE COMMISSION. A rule or rules adopted by the commission, as authorized by this compact, that has the force of law.
(23) SINGLE-STATE LICENSE. A social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.
(24) SOCIAL WORK or SOCIAL WORK SERVICES. The application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and rules in the state where the services are being provided.
(25) STATE. Any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.
(26) UNENCUMBERED LICENSE. A license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
(Act 2024-298, §1.)
(a) To be eligible to participate in this compact, a potential member state must currently meet all of the following criteria:
(1) License and regulate the practice of social work at either the clinical, master’s, or bachelor’s category.
(2) Require applicants for licensing to graduate from a program that is:
a. Operated by a college or university recognized by the licensing authority;
b. Accredited, or in candidacy by an institution that subsequently becomes accredited, by either:
An accrediting agency recognized by either the Council for Higher Education Accreditation, or its successor; or
The United States Department of Education; and
c. Corresponds to the licensing sought as outlined in Section 34-30-103.
(3) Require applicants for clinical licensing to complete a period of supervised practice.
(4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.
(b) To maintain membership in this compact, a member state shall do all of the following:
(1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in Section 34-30-103.
(2) Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules.
(3) Notify the commission, in compliance with the terms of this compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.
(4) Implement procedures for considering the criminal history records of applicants for a multistate license. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(5) Comply with the rules of the commission.
(6) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensing or renewal of licensing, as well as all other applicable home state laws.
(7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of this compact and rules of the commission.
(8) Designate a delegate to participate in commission meetings.
(c) A member state meeting the requirements of subsections (a) and (b) shall designate the categories of social work licensing that are eligible for issuance of a multistate license for applicants in member states. To the extent that any member state does not meet the requirements for participation in this compact in any particular category of social work licensing, the member state may choose, but is not obligated, to issue a multistate license to applicants who otherwise meet the requirements of Section 34-30-103 for issuance of a multistate license in those categories of licensing.
(d) Member states may charge a fee for granting a multistate license.
(Act 2024-298, §1.)
(a) To be eligible for a multistate license under the terms and provisions of this compact, an applicant, regardless of category, must do all of the following:
(1) Hold or be eligible for an active, unencumbered license in the home state.
(2) Pay any applicable fees, including any state fee, for the multistate license.
(3) Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken.
(5) Meet any continuing competence requirements established by the home state.
(6) Abide by the laws, rules, and applicable standards in the member state where the client is located at the time care is rendered.
(b) An applicant for a clinical-category multistate license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by one of the following:
a. Passage of a clinical-category qualifying national exam.
b. Licensure of the applicant in his or her home state in the clinical category, beginning prior to the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensing thereafter, all of which may be further governed by the rules of the commission.
c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.
(2) Attain at least a master’s degree in social work from a program that is both of the following:
a. Operated by a college or university recognized by the licensing authority.
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
The Council for Higher Education Accreditation, or its successor; or
The United States Department of Education.
(3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of one of the following:
a. A period of postgraduate supervised clinical practice equal to a minimum of 3,000 hours.
b. A minimum of two years of full-time postgraduate supervised clinical practice.
c. The substantial equivalency of the foregoing practice requirements which the commission may determine by rule.
(c) An applicant for a master’s-category multistate license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by one of the following:
a. Passage of a master’s-category qualifying national exam.
b. Licensure of the applicant in his or her home state in the master’s category, beginning prior to the time a qualifying national exam was required by the home state in the master’s category and accompanied by a continuous period of social work licensing, all of which may be further governed by the rules of the commission.
c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.
(2) Attain at least a master’s degree in social work from a program that is both of the following:
a. Operated by a college or university recognized by the licensing authority.
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
The Council for Higher Education Accreditation, or its successor; or
The United States Department of Education.
(d) An applicant for a bachelor’s-category multistate license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by one of the following:
a. Passage of a bachelor’s-category qualifying national exam.
b. Licensure of the applicant in his or her home state in the bachelor’s category, beginning prior to the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensing, all of which may be further governed by the rules of the commission.
c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.
(2) Attain at least a bachelor’s degree in social work from a program that is both of the following:
a. Operated by a college or university recognized by the licensing authority.
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
The Council for Higher Education Accreditation, or its successor; or
The United States Department of Education.
(e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection (a) to be eligible to renew a multistate license.
(f) The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state, in accordance with due process and that member state’s laws, may remove a regulated social worker’s multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its residents.
(g) If a multistate license is encumbered, the regulated social worker’s multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.
(h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
(Act 2024-298, §1.)
(a) Upon receipt of an application for a multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with Section 34-30-103.
(b) If the applicant is eligible pursuant to Section 34-30-103, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
(c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.
(d) A multistate license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensing regulated in each member state.
(Act 2024-298, §1.)
(a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws or rules related to the practice of social work in that state, where those laws or rules are not inconsistent with this compact.
(b) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.
(d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.
(e) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.
(Act 2024-298, §1.)
(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.
(Act 2024-298, §1.)
An active military member or his or her spouse shall designate a home state where the individual has a multistate license. The individual may retain his or her home state designation during the period the service member is on active duty.
(Act 2024-298, §1.)
(a) In addition to the other powers conferred by state law, a remote state, in accordance with existing state due process law, may:
(1) Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(2) Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.
(b) For the purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a regulated social worker who changes home states during the course of the investigations. The home state may also take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the cost of investigations and dispositions of cases resulting from any adverse action taken against him or her.
(e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.
(f) Joint investigations:
(1) In addition to the authority granted to a member state by its respective social worker practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under this compact.
(g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member 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 license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decison, order, or agreement are satisfied.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state’s decision to impose participation in an alternative program in lieu of adverse action.
(j) Nothing in this compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.
(k) Nothing in this compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
(Act 2024-298, §1.)
(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted this compact known as the Social Work Licensure Compact Commission. The commission is an instrumentality of this compact states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of this compact as set forth in Section 34-30-113.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.
(2) The delegate shall be either:
a. A current member of the licensing authority at the time of appointment, who is a regulated social worker or public member of the licensing authority; or
b. An administrator of the licensing authority or his or her designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates to meet and vote by telecommunication, video conference, or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Establish and amend rules and bylaws.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take action consistent with this compact, the commission’s rules, and the bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on behalf of the commission.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of this compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest in property.
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(16) Establish a budget and make expenditures.
(17) Borrow money.
(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their designees, consumer representatives, and other interested individuals as may be designated in this compact and the bylaws.
(19) Provide and receive information from, and cooperate with, law enforcement agencies.
(20) Establish and elect an executive committee, including a chair and a vice chair.
(21) Determine whether a state’s adopted language is materially different from the model compact language such that the state does not qualify for participation in this compact.
(22) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following:
a. Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules and bylaws, and other duties as deemed necessary.
b. Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.
c. Ensure compact administration services are appropriately provided, including by contract.
d. Prepare and recommend the budget.
e. Maintain financial records on behalf of the commission.
f. Monitor compact compliance of member states and provide compliance reports to the commission.
g. Establish additional committees as necessary.
h. Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to 11 members:
a. The chair and vice chair of the commission shall be voting members of the executive committee.
b. The commission shall elect five voting members from the then current membership of the commission.
c. Up to four ex officio, nonvoting members from four recognized national social work organizations as selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting pursuant to subdivision (f)(2).
b. The executive committee shall give seven days’ notice of its meetings, posted on its website and as determined to provide notice to individuals with an interest in the business of the commission.
c. The executive committee may hold a special meeting in accordance with paragraph (f)(1)b.
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings of the commission shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in subdivision (2).
a. Public notice for all meetings of the full commission shall be given in the same manner as required for a public hearing under the rulemaking provisions in Section 34-30-111, except that the commission may hold a special meeting as provided in paragraph b.
b. The commission or executive committee may hold a special meeting when the commission or executive committee must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the commission’s website, and by other means as provided in the commission’s rules. The commission’s legal counsel shall certify that the commission’s need to meet qualifies as an emergency.
(2) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting for the commission, executive committee, or other committees of the commission to receive legal advice or to discuss any of the following:
a. Noncompliance of a member state with its obligations under this compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.
c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally censuring any individual.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by or on behalf of or for the use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to this compact.
k. Matters specifically exempted from disclosure by federal or member state law.
l. Other matters as adopted by rule by the commission.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and those references shall be recorded in the minutes.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13).
(3) The commission may levy and collect an annual assessment from each member state and impose fees on licensees of member states to whom the commission grants a multistate license to cover the cost of the operations and activities of the commission and commission staff, which must be in a total amount sufficient to cover the annual budget of the commission as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that individual.
(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state law.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or rule.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
(Act 2024-298, §1.)
(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data 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 all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and information related to that adverse action.
(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of participation, and other information related to participation not made confidential under the member state’s law.
(5) Any denial of an application for licensing, and the reason or reasons for the denial.
(6) The presence of current significant investigative information.
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(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 its agent, 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 proceeding in a member state.
(e) Current significant 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 report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee 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 member 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.
(Act 2024-298, §1.)
(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that was beyond the scope and purposes of this compact or the powers granted under this compact, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state; provided, however, that where the rules of the commission conflict with the laws or rules of a member state that establish the member state’s laws, rules, and applicable standards that govern the practice of social work, as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow individuals to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission shall hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform.
(2) To individuals who have requested notice of the commission’s notices of proposed rulemaking.
(3) In such other ways as the compact commission may specify by rule.
(h) The notice of proposed rulemaking shall include all of the following:
(1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the compact commission will consider and vote on the proposed rule.
(2) If the hearing is held via telecommunication, video conference, or other means of communication, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
(3) The text of the proposed rule and the reason supporting the rule.
(4) A request for comments on the proposed rule from any interested individual.
(5) The manner in which interested individuals may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on each proposed rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(k) The commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule, provided the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule, as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that the commission adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24-hours’ notice, with opportunity to comment; 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, and 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:
(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 a rule that is established by federal law or rule.
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revision to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the commission. The revision shall be subject to challenge by any individual for a period of 30 days after posting. The revision shall be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission 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.
(n) No member state’s rulemaking requirements shall apply under this compact.
(Act 2024-298, §1.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting member state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and the licensing authority of each member state.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of the termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to this compact 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.
(j) Enforcement.
(1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia, or the federal district where the commission has its principal offices, to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorney fees. The remedies shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.
(2) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia, or the federal district where the commission has its principal offices, to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce this compact against the commission.
(Act 2024-298, §1.)
(a) The compact shall come into effect on the date on which this compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of this compact, the commission shall convene and review the enactment of each of the first seven member states referred to as “charter member states,” to determine if the statute enacted by each charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from this model compact statute shall be entitled to the default process set forth in Section 34-30-112.
b. If any member state is later found to be in default, or is terminated or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting this compact subsequent to the seven initial charter member states shall be subject to the process set forth in Section 34-30-109(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(4) Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute to repeal this compact.
(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a state withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensing agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until the amendment is enacted into the laws of all member states.
(Act 2024-298, §1.)
(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in this compact, the United States, or the applicability to any government, agency, individual, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency, individual, or circumstance shall not be affected.
(c) Notwithstanding subsection (b), the commission may deny a state’s participation in this compact or, in accordance with the requirements of Section 34-30-112(b), terminate a member state’s participation in this compact, if the commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2024-298, §1.)
(a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and rules, including laws, rules, and applicable standards of the remote state where the client is located at the time care is rendered.
(b) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.
(c) Any laws, statutes, rules, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(d) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(Act 2024-298, §1.)
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.
(Act 2024-298, §1.)
For the purposes of this chapter, the following terms have the following meanings:
(1) ADMINISTRATIVE PROCEDURE ACT. Chapter 22 of Title 41 and any rules adopted thereunder.
(2) BOARD. The State Board of Heating, Air Conditioning, and Refrigeration Contractors.
(3) CERTIFICATION or LICENSE. The process of testing to determine the knowledge and skill of an individual with respect to heating, air conditioning, and refrigeration.
(4) CERTIFIED HEATING AND AIR CONDITIONING CONTRACTOR. Any person engaged in the business of heating and air conditioning contracting and installation or service and repair.
(5) CERTIFIED REFRIGERATION CONTRACTOR. Any person engaged in the business of refrigeration contracting and servicing, installation, and repair.
(6) DUCT AIR TIGHTNESS TESTING CONTRACTOR. Any person engaged in the practice of testing and verifying duct air tightness in conjunction with the installation, service, or repair of a heating and air conditioning system.
(7) HEATING AND AIR CONDITIONING SYSTEM. A heating or cooling apparatus consisting of an air heating or cooling fixture from pipes, plenums, or blowers, including any accessory and equipment installed in connection within the system. The term does not include window units, automotive, or farm implement type heating or air conditioning equipment.
(8) INSTALLATION. The act of setting up or installing a heating and air conditioning system or refrigeration system for operation and use.
(9) PERSON. Includes an individual, firm, partnership, or corporation.
(10) REFRIGERATION. The use of mechanical or absorption equipment to control temperature, humidity, or both, in order to satisfy the intended use of a specific space, other than for human comfort.
(11) REFRIGERATION TRADE OR BUSINESS. Any individual or legal entity engaged in the installation, maintenance, servicing, and repairing of refrigerating machinery, equipment, devices, and components.
(12) REGULARLY EMPLOYED PERSON. An individual who meets all of the following conditions:
a. Is an actual employee of the business, not an independent contractor.
b. Works an average of 30 or more hours per week for the heating, air conditioning, or refrigeration business.
c. Is not paid as an independent contractor.
d. Receives a Form W-2, Wage and Tax Statement, for all earnings.
(13) RESPONSIBLE CHARGE. The direction of projects involving the installation or service and repair of heating, air conditioning, and refrigeration systems requiring initiation, professional skills, technical knowledge, and independent judgment.
(14) SERVICE AND REPAIR. The act of maintaining for operation a heating, air conditioning, or refrigeration system that has previously been installed, including parts replacement within a piece of equipment.
(Acts 1982, No. 82-547, p. 900, §3.1; Acts 1988, No. 88-217, p. 339, §3; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2009-486, p. 879, §1; Act 2015-169, p. 446, §1; Act 2024-310, §1.)
The purpose of this chapter is to certify qualified contractors on a state-wide basis in order to protect the public by identifying those contractors who have the knowledge and ability to install or service and repair heating, air conditioning, and refrigeration systems.
(Acts 1982, No. 82-547, p. 900, §3.2; Acts 1988, No. 88-217, p. 339, §3; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Act 2009-486, p. 879, §1.)
(a) The Board of Heating and Air Conditioning Contractors as created by Act 82-547, 1982 Regular Session (Acts 1982, p. 900), is renamed the Board of Heating, Air Conditioning, and Refrigeration Contractors. The authority of the board is expanded to allow the board to examine, certify, and regulate heating, air conditioning, and refrigeration on a statewide basis.
(b) The board shall consist of 12 members, who shall be citizens of this state and who shall be subject to confirmation by the Senate. The seven initial appointments shall be effective as of July 1, 1982, as follows: One member shall be appointed by the Governor for an initial term of one year, and shall be a licensed professional engineer; one member shall be appointed by the Governor for an initial term of four years and shall be a heating and air conditioning contractor; one member shall be appointed by the Lieutenant Governor for an initial term of three years and shall be a trade representative of an equipment manufacturer or supplier; one member shall be appointed by the Governor for an initial term of three years and shall be a consumer from the general public; one member shall be appointed by the Speaker of the House of Representatives for an initial term of two years and shall be a trade representative of the service, repair parts industry; one member shall be appointed by the Lieutenant Governor for an initial term of two years, and shall be a representative from county or local inspection services department; and one member shall be appointed by the Speaker of the House of Representatives for an initial term of three years, and shall be a consumer from the general public. Three additional members shall be appointed to serve four-year terms beginning on January 1, 2001. Each of these three additional members shall be heating and air conditioning or refrigeration contractors. One of these additional members shall be appointed by the Governor, one of these additional members shall be appointed by the Lieutenant Governor, and one of these additional members shall be appointed by the President Pro Tempore of the Senate. An additional two members, who shall be heating and air conditioning contractors, shall be appointed by the Speaker of the House of Representatives for initial terms of three years. Their successors, who shall be appointed by the same respective appointing authorities, and shall possess the same respective occupational qualifications, shall each serve not more than two consecutive terms of office of four years each and until their successors are appointed and qualified. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(c) All moneys, equipment, and property of the board created pursuant to Sections 34-31-1 through 34-31-17, inclusive, shall, effective July 1, 1982, be transferred to the board created in subsection (a). The board shall pay all money received under this chapter to the State Treasurer, who shall keep the money in a separate fund for the board. All money remaining at the end of the fiscal year which exceeds 25 percent of the board’s budget for the previous year shall be transferred to the 501(c)(3) nonprofit Alabama Home Builders Foundation to be used exclusively for classroom training tools at educational facilities that provide heating, air conditioning and/or refrigeration curriculums to include any program approved or accredited by the State of Alabama, United States federal government, or any state or federal governmental agency or board. If, at any time, the Alabama Home Builders Foundation should lose its nonprofit status, those funds shall be transferred to the State General Fund.
(Acts 1982, No. 82-547, p. 900, §3.3; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Acts 1988, No. 88-217, p. 339, §3; Acts 1996, No. 96-748, p. 1318, §3; Act 2000-745, p. 1658, §1; Act 2004-67, p. 82, §3; Act 2008-130, p. 187, §3; Act 2009-486, p. 879, §1; Act 2015-169, §1.)
(a) The board shall elect from among its members a chairman, vice-chairman, and a secretary. The board may hire an executive director to serve at the pleasure of the board. The board may require the executive director to perform the duties required by this section and any other tasks required by the board. The board shall set the salary of the executive director. The executive director, with the consent of the board, may employ a deputy director who shall serve at the pleasure of the executive director. The salary and compensation for the deputy director shall be set by the board and shall not exceed the salary set for the executive director.
(b) The chairman shall preside over meetings of the board. The vice-chairman shall preside over meetings of the board in the absence of the chairman. The chairman shall designate another member to preside in the absence of the chairman and vice-chairman.
(c) The secretary or, if directed by the board, the executive director shall perform the following tasks:
(1) Keep all minutes, books, records, and files of the board.
(2) Issue all certificates in the name of the board.
(3) Send all notices and attend to all correspondence directed by the board.
(4) Receive and deposit all fees.
(5) Perform all incidental duties of the office as directed by the board.
(d) The secretary shall give bond, payable to the Governor, in the penal sum of $5,000 for the faithful performance of his or her duties, and the premium therefor shall be paid from the fees of the board.
(e) No moneys shall be withdrawn from the funds of the board except by direction of the board as provided by state law.
(f) A majority of the board shall constitute a quorum for the transaction of all business.
(g) The board is also authorized to adopt and publish minimum repair and service standards for its certified contractors, and shall mail a copy thereof to every certified contractor at least 30 days before the standard of criteria becomes effective. Certified contractors who fail to comply with such minimum standards and criteria shall be punished as prescribed in Section 34-31-32(a).
(h) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony, and obtain evidence in the conduct of its business. It is further authorized to take such disciplinary actions as are authorized in subsection (c) of Section 34-31-32.
(i) The board is authorized to expend funds for purposes of public awareness of the board and its rules and regulations to include advertising, promotional materials, event exhibiting, staff uniforms, or other means approved by the board.
(Acts 1982, No. 82-547, p. 900, §3.4; Acts 1986, No. 86-118, p. 143, §3; Acts 1988, No. 88-217, p. 339, §3; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2015-169, §1.)
Each member of the board shall receive one hundred dollars ($100) per day for attending sessions of the board or its committees and, in addition, shall be reimbursed for such necessary travel expenses as are paid to state employees, to be paid from fees collected.
(Acts 1982, No. 82-547, p. 900, §3.5; Act 2000-745, p. 1658, §1.)
The board shall meet in a regular session to perform its lawful duties at least once each three-month period.
(Acts 1982, No. 82-547, p. 900, §3.6.)
(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.
(Acts 1982, No. 82-547, p. 900, §3.7; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Act 2009-486, p. 879, §1; Act 2015-169, p. 440, §1; Act 2024-310, §1.)
(a)(1) For the purpose of defraying the expense in carrying out this chapter, the board may fix fees to be paid for the issuance, reissuance, and replacement of certificates and for any other service provided by the board, but in no event shall the charges fixed by the board exceed two hundred fifty dollars ($250). The inactive fees may be waived for building officials or inspectors, as defined by the International Code Council. All fees fixed by the board must accompany the application, and no part of the fees shall be refunded. The fees shall be received by the board and held solely for the purpose of paying the expense of carrying out this chapter.
(2) Renewal fees shall be established by the board to ensure adequate funding to support the board. Fees shall not exceed two hundred fifty dollars ($250) per year. The amount of these fees shall be established by the board on an annual basis to provide adequate funding to support the board and to pay the expenses incurred for applications, examinations, or renewals of licenses.
(b) All penalties collected by the board shall be used in the same manner and for the same purpose as fees.
(c) Fees for Duct Envelope Testing Contractors application and annual renewal shall not exceed one hundred dollars ($100).
(Acts 1982, No. 82-547, p. 900, §3.8; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2009-486, p. 879, §1; Act 2015-169, p. 446, §1; Act 2024-310, §1.)
(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.
(Acts 1982, No. 82-547, p. 900, §3.9; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2009-486, p. 879, §1; Act 2015-169, §1.)
All applicants for examinations and certificates and all applicants for renewal certificates shall be citizens of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall be required to fill out a form which shall be provided by the board.
(Acts 1982, No. 82-547, p. 900, §3.10; Act 2008-130, p. 187, §3.)
(a) All prospective certified contractors in this state seeking to qualify in accordance with this chapter shall be required to stand for a written examination before the board. Any applicant failing to pass his or her first examination for a certificate may take any subsequent examination, either written or, upon request of the applicant, a practical examination which is equivalent to the written examination, to be held within six months from the date of his or her unsuccessful examination.
(b) The board shall examine the character, fitness, and qualifications of every individual who applies for a certified heating, air conditioning, or refrigeration contractor license upon forms prescribed by the board and upon payment of all prescribed fees.
(c) An applicant for examination for a heating, air conditioning, or refrigeration certified contractor license shall be eligible to stand for the examination if the applicant has completed 3,000 hours of work experience, as defined by the board, or is a graduate of an approved heating, air conditioning, or refrigeration curriculum.
(d) Counties, municipalities, or other local entities are prohibited from requiring any further local testing or satisfaction of other requirements by certified contractors, subject to the payment of any applicable local privilege, license, or business fees or charges.
(e) Individuals licensed by the Alabama Liquefied Petroleum Gas Board are exempt from this chapter pertaining to heating, air conditioning, and refrigeration when:
(1) Engaged in the installation, repair, or replacement of a liquefied petroleum gas appliance so long as the appliance is not connected to a refrigeration system, provided that the individuals may engage in the replacement or repair of a liquefied petroleum gas central heating unit when it is combined with an air conditioning unit.
(2) Engaged in the installation of a venting system required for a vented-type liquefied petroleum gas appliance.
(f) This chapter does not apply to any of the following:
(1) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment.
(2) Any mobile home or manufactured structure that is installed, inspected, or regulated by the Alabama Manufactured Housing Commission; however, the repair, servicing of a heating and air conditioning system, or the installation of a new heating and air conditioning system in a previously inspected manufactured structure is subject to this chapter.
(3) Individuals performing work on motor vehicles, residential refrigerators, or ice machines.
(4) Household appliances.
(5) Farm equipment.
(6) Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl.
(Acts 1982, No. 82-547, p. 900, §3.11; Acts 1986, No. 86-118, p. 143, §3; Acts 1988, No. 88-217, p. 339, §3; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2009-486, p. 879, §1; Act 2024-310, §1.)
(a) The board shall provide for examinations which test the knowledge, skill, and proficiency of the applicants.
(b) Examinations shall be held at such time and place as may be fixed by the board at least once each three-month period. Written notice of the place of examinations shall be mailed to all persons who have filed current applications for the examinations of the board.
(c) The board may charge each applicant and retesting applicants for examination a reasonable fee based on the actual costs for administering the examinations. Applicants must stand for the examination within one year from the date the board receives the examination application and fees, otherwise the applicant must resubmit an application and appropriate fees.
(d) The board may enter into reciprocity agreements with other states to permit Alabama certified contractors to engage in work in other states in exchange for that state’s contractors being permitted to perform work in Alabama. This provision recognizes the status of the certified contractor as having passed the examination; however, all certification fees are required to be paid.
(Acts 1982, No. 82-547, p. 900, §3.12; Acts 1988, No. 88-217, p. 339, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2009-486, p. 879, §1.)
The board may require a performance bond not to exceed twenty-five thousand dollars ($25,000) per year for all active certified contractors. There shall be no discrimination between contractors similarly situated, and each classification of regulated contractors for bonding purposes must be reasonable considering the purpose of the bond.
(Acts 1982, No. 82-547, p. 900, §3.13; Act 2009-486, p. 879, §1; Act 2024-310, §1.)
The board may publish annually a list of names, addresses of all individuals, and the name of their employer, if applicable, who are certified by the board, and shall mail a copy of the list to all qualified individuals so certified upon request to do so. The board may require a reasonable fee to cover the cost of producing and mailing the directory.
(Acts 1982, No. 82-547, p. 900, §3.14; Acts 1988, 1st Ex. Sess., No. 88-932, p. 543, §3; Act 2000-745, p. 1658, §1.)
(a) Except as provided in Section 13A-9-111.1, any individual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor.
(b) The board may impose late penalties on certified contractors who fail to renew certificates by December 31 of each year. The board may also remove the certification from any certified individual who fails to renew his or her certificate by the first day of March and require the individual to apply for a new certificate. The board may require the successful re-testing of any previously certified individual who applies for a new certification.
(c) The board may reprimand, in writing, any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter.
(d) The board may remove, revoke, or suspend the certification of any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter, and may require any previously certified individual to apply for a new certification.
(e) The board may levy and collect administrative fines for violations of this chapter or the rules of the board of not more than two thousand dollars ($2,000) for each violation.
(f)(1) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person engaged in any activity, conduct, or practice that is a violation of this chapter, directing the person to cease and desist from the activity, conduct, practice, or performance of any work in progress or about to be commenced. The order shall be issued in the name of this state under the authority of the board.
(2) If the person fails to immediately comply with the cease and desist order, the board shall petition any court of competent jurisdiction to issue a writ of injunction enjoining the person from engaging in any activity, conduct, practice, or performance of work prohibited by this chapter. Upon a sufficient showing by the board that the person has engaged or is engaged in any activity, conduct, practice, or performance of work prohibited by this chapter, the court may issue a temporary restraining order to enjoin the person from engaging in the performance of work pending the hearing on a preliminary injunction. After a hearing, the court may issue a permanent injunction commanding the cessation of the performance of work complained of, all without the necessity of the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond.
(3) In the suit for an injunction, the board may issue a fine of up to two thousand dollars ($2,000) plus costs for each offense.
(4) Any failure to cease work, after a hearing and notification from the board, shall render an individual ineligible to apply for a certified contractor’s license for a period not to exceed one year from the date of official notification to cease work. The board may withhold approval for up to six months of any application from any individual who, prior to the application, has been found in violation of this chapter.
(Acts 1982, No. 82-547, p. 900, §3.15; Acts 1988, No. 88-217, p. 339, §3; Acts 1992, No. 92-180, p. 333, §3; Act 2000-745, p. 1658, §1; Act 2004-67, p. 82, §3; Act 2009-486, p. 879, §1; Act 2021-272, §2; Act 2024-310, §1.)
The procedures shall be same as those defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed provided that the procedure is published and made public and are not in conflict with the state law.
(Acts 1982, No. 82-547, p. 900, §3.16; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
Any appeals to the chapter shall be as defined by the Alabama Administrative Procedure Act. Any judicial review pursuant to the Alabama Administrative Procedure Act must be filed, commenced, and maintained in the Circuit Court of Montgomery County, Alabama.
(Acts 1982, No. 82-547, p. 900, §3.17; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Act 2024-310, §1.)
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.
(Act 2000-745, p. 1658, §2; Act 2009-486, p. 879, §1.)
This chapter may be cited as the “Professional Soil Classifiers Registration Act.”
(Acts 1981, No. 81-766, p. 1308, §1.)
As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
(1) BOARD. Alabama Soil and Water Conservation Committee for the Registration of Professional Soil Classifiers.
(2) REGISTERED PROFESSIONAL SOIL CLASSIFIER. A person entitled under this chapter to take and use the title.
(3) SOIL CLASSIFICATION. The soil science evaluation of the nature, physio-chemical properties, formation, taxonomic classification, and general land use suitability on the basis of these parameters within a soil management criteria; it shall specifically include the mapping and identification of surficial and subsurface soil profiles, and the soil management interpretation of these data. Soil classification centers on soils as the biochemically weathered part of the earth’s crust, the collection of natural bodies on the earth’s surface, supporting plants, with a lower limit at the deeper of either the unconsolidated mineral or organic material lying within the zone of rooting of the native perennial plants; or where horizons impervious to roots have developed the upper few feet of the earth’s crust having properties differing from the underlying rock material as a result of interactions between climate, living organisms, parent material, and relief.
(4) PRACTICE OF SOIL CLASSIFICATION. Any professional service which requires the application of soil classification principles and data. Such professional service includes identification and mapping of soils according to the standards of the national cooperative soil survey, consultation, or evaluation.
(5) QUALIFIED PROFESSIONAL SOIL CLASSIFIERS. Such persons who, by reason of their knowledge of soil classification acquired by professional education and practical experience, are qualified to engage in the practice of soil classification as defined.
(6) RESPONSIBLE CHARGE OF WORK. The independent control and direction by the use of initiative, skill, and independent judgment of work or the supervision of such work.
(7) SUBORDINATE. Any person who assists a registered professional soil classifier without assuming the responsible charge of work.
(Acts 1981, No. 81-766, p. 1308, §2.)
This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. In particular, this chapter shall not be construed to affect or prevent individuals who are duly licensed by the State of Alabama Board of Registration of Professional Engineers and Land Surveyors and who are engaging in the practice of geotechnical engineering or soils engineering from conducting an engineering evaluation of the nature, physical properties, and engineering characteristics to determine the surficial and subsurface soil suitability for the environmental and structural support of constructed facilities or to evaluate surficial or subsurface soils which are to be used as a construction material.
(Acts 1981, No. 81-766, p. 1308, §3.)
This chapter does not prohibit one or more professional soil classifiers from practicing through the medium of a sole proprietorship, partnership, or corporation. In such partnership or corporation whose primary activity consists of classification services, at least one partner or officer shall be a registered professional soil classifier.
(Acts 1981, No. 81-766, p. 1308, §4.)
Any person, except those specifically exempted by this chapter, who shall practice or offer to practice soil classification for the public in this state is subject to this chapter.
(Acts 1981, No. 81-766, p. 1308, §5.)
The following persons shall be exempt from the provisions of this chapter:
(1) Any person not a resident of and having no established place of business in this state, practicing or offering to practice herein the profession of soil classifier when such practice does not exceed a total of 30 days in any calendar year, provided such person is legally qualified by registration to practice the profession in his or her own state or country in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter.
(2) Any person not a resident of and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than 30 days in any calendar year the profession of soil classifier, if he or she shall have filed with the board an application for registration and shall have paid the fee required by this chapter. Such exemption shall continue only for such time as the board requires for the consideration of the application for registration, provided such a person is legally qualified to practice the profession in his or her own state or country in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter.
(3) Any employee or a subordinate of a person holding registration under this chapter, or an employee of a person exempted from registration by subdivisions (1) and (2), provided this practice does not include responsible charge of work or evaluation.
(4) Any person in full employment by the state or United States government or who is fully employed to perform soil classifying services solely for his or her employer or for a subsidiary or affiliated corporation of his or her employer, provided the soil classification is in connection with the property, products, or services of his or her employer.
(Acts 1981, No. 81-766, p. 1308, §6.)
(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.
(Acts 1981, No. 81-766, p. 1308, §7.)
The board shall have the following powers:
(1) To adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this state which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations, and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.
(2) To affix its official seal to each numbered certificate issued.
(3) To hold hearings, administer oaths, take and record testimony, to make findings, orders, and determinations which shall be subject to review by the courts of this state in the manner provided by law from decisions of other boards and commissions. Upon the failure or refusal of any person to comply with any such order of the board, the board may apply to a court of any jurisdiction to enforce compliance with such orders.
(4) To apply, in the name of the state, for relief by injunction, without bond, to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.
(5) The board shall keep a record of its proceedings and of all applications for registration, which record shall show the name, age, and last known address of each applicant, the place of business of such applicant, his or her education, experience, and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the board, and such other information as may be deemed necessary by the board. Such record of the board, or a copy thereof, duly certified by the secretary, under seal, shall be admissible as evidence with the same force and effect as if the original was produced.
(Acts 1981, No. 81-766, p. 1308, §8.)
(a) An application of registration as a professional soil classifier shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter.
(b) An applicant for registration as a professional soil classifier shall have all the following qualifications:
(1) Be of high ethical professional standards.
(2) As a professional soil classifier, be qualified pursuant to either of the following:
a. A graduate of an approved four-year college curriculum leading to a bachelor of science degree, or its equivalent, in which the applicant has majored in a soils curriculum; and with a specific record of an additional one year or more of experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified. Teaching soil classification courses in a college or university offering an approved four-year soil science or agronomic curriculum should be considered as experience in soil investigations;
b. A graduate of any approved four-year college curriculum, leading to a bachelor of science degree; and with a specific record of an additional two years or more experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified.
(3) Sit for and pass an examination before the board or its authorized representatives. Such examination will be held at certain specified times and of such scope as prescribed by the board. Generally, the examination shall test the applicant’s knowledge basic to soil classification and his or her ability to apply that knowledge and to assume responsible charge in the professional practice of classification. An applicant failing in an examination may be examined again upon filing a new application and the payment of the application fee fixed by this chapter.
(c) The board, upon application therefor on its prescribed form and upon the payment of registration fees fixed by this chapter, may issue a certificate as a registered professional soil classifier without written examination to any person holding a certificate as a registered professional soil classifier issued to him or her by any state or country having similar requirements, when the applicant’s qualifications meet the other requirements of this chapter and the rules established by the board.
(d) A qualified professional soil classifier practicing soil classification on May 27, 1981, may be certified upon approval of the board, if he or she applies to the board prior to one year after enactment.
(e) In determining the qualifications of an applicant for certification, a majority vote of the board is required.
(f) An applicant who has passed the examination or has otherwise qualified as a professional soil classifier upon payment of the registration fee fixed by this chapter, shall have a certificate as a registered professional soil classifier.
(g) Any applicant who is denied registration or authorization shall, in writing, be so notified and informed of the reason therefor. Within 30 days after receipt of notice, such applicant may make written request to the board for a hearing which, if granted, shall be heard by the board.
(Acts 1981, No. 81-766, p. 1308, §9; Acts 1991, No. 91-582, p. 1071, §1.)
A certificate as a registered professional soil classifier expires at 12:00 P.M. on September 30 of each even-numbered year. A certificate may be renewed by applying to the board in writing prior to the expiration date and by paying the renewal fee prescribed by this chapter.
(Acts 1981, No. 81-766, p. 1308, §10.)
Certificates as a registered professional soil classifier which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of such certificate may apply for and obtain a new certificate if:
(1) No fact, circumstance, or condition exists which, if the certificate was issued, would justify its revocation or suspension;
(2) He or she takes and passes the examination which would be required of him or her if he or she were then applying for the certificate for the first time.
(Acts 1981, No. 81-766, p. 1308, §11.)
The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule:
(1) The fee for filing each application for certification as a registered professional soil classifier shall be set by the board;
(2) Renewal fees for certification as a registered professional soil classifier shall be set by the board.
(Acts 1981, No. 81-766, p. 1308, §12.)
The board may receive and investigate complaints against registered professional soil classifiers and persons granted temporary authorizations pursuant to this chapter and make findings thereon.
(Acts 1981, No. 81-766, p. 1308, §13.)
The board shall have the duty and authority to investigate violations of this chapter.
(Acts 1981, No. 81-766, p. 1308, §14.)
It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be the duty of the secretary of the board, under the direction of the board, to aid such officers in the enforcement of this chapter.
(Acts 1981, No. 81-766, p. 1308, §15.)
Upon one year after enactment, it shall be unlawful for anyone other than a professional soil classifier registered under this chapter to sign or endorse as a registered professional soil classifier any plans, specifications, plats, reports, or other documents, or to use in any manner the title “registered professional soil classifier.”
(Acts 1981, No. 81-766, p. 1308, §16.)
It is unlawful for anyone to sign or endorse plans, specifications, plats, reports, or other documents after the registration of the individual named thereof has expired or has been suspended or revoked, unless the registration has been renewed or reissued.
(Acts 1981, No. 81-766, p. 1308, §17.)
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and for each offense for which he or she is convicted shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than three months or by both.
(Acts 1981, No. 81-766, p. 1308, §18.)
The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter. Such moneys shall be kept in a separate fund in the State Treasury to be known as the Soil Classifier’s Fund. Such fund shall be kept separate and apart from all other moneys and shall be paid out for the expenses and compensation of the board and for enforcing this chapter, upon itemized vouchers, approved by the council and attested by the secretary of the board. The moneys in the fund shall be automatically appropriated to the board for expenditure by the board each fiscal year but not in excess of $10,000 in any fiscal year.
(Acts 1981, No. 81-766, p. 1308, §19; Acts 1982, 2nd Ex. Sess., No. 82-793, p. 299, §1; Acts 1985, 2nd Ex. Sess., No. 85-991, p. 348, §1.)
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section:
(1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal’s permit as the responsible managing owner, partner, officer or employee who is actively in charge of the work of the certified fire protection sprinkler contractor.
(2) CERTIFIED FIRE PROTECTION SPRINKLER CONTRACTOR. Any fire protection sprinkler contractor who has qualified and received a permit from the State Fire Marshal.
(3) FIRE PROTECTION SPRINKLER CONTRACTOR I. An individual, partnership, corporation, association, or joint venture engaged in the business of layout, installation, repair, alteration, addition, maintenance, or inspection of all fire protection sprinkler systems. This does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.
(4) FIRE PROTECTION SPRINKLER CONTRACTOR II. An individual, partnership, corporation, association, or joint venture whose business is limited to the execution of contracts requiring the ability to layout, fabricate, install, inspect, alter, repair, and service single family potable water fire protection sprinkler systems for detached single family dwellings and manufactured housing in accordance with the latest edition of NFPA 13D or ICC IPC Chapter 29 Section P2904.
(5) FIRE PROTECTION SPRINKLER SYSTEM. a. An integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system is supplied from a reliable, constant and sufficient water supply, such as a gravity tank, fire pump, reservoir or pressure tank, and/or connection by underground piping to a city main. The sprinkler system is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler systems shall include the following types: Wet-pipe systems, dry-pipe systems, pre-action systems, deluge systems, combined dry-pipe and pre-action systems, antifreeze systems, and circulating closed loop systems, all as defined by the National Fire Protection Association, NFPA 13, Standard for the Installation of Sprinkler Systems, latest edition or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, latest edition.
b. A sprinkler system, as defined by NFPA 13D or IRC Section P2904, which is appropriate for the protection against fire hazards in single family dwellings and manufactured homes, and does not include residential portions of any other type of building or occupancy that is protected by residential sprinklers in accordance with NFPA 13 or NFPA 13R or other portions of a building that are protected in accordance with NFPA 13 or NFPA 13R as appropriate for areas outside the dwelling unit. The system is supplied from a reliable, constant and sufficient water supply, such as a gravity tank, pump, reservoir or pressure tank, and/or connection by underground piping to a city main.
(6) SINGLE FAMILY DWELLING. Any detached dwelling covered in the scope of the International Residential Code, latest edition.
(7) STATE FIRE MARSHAL’S PERMIT. The form issued by the State Fire Marshal to any certified fire protection sprinkler contractor upon application being approved and fee paid. The permit shall be issued in the name of the certified fire protection sprinkler contractor, with the name of the certificate holder noted thereon.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §1; Acts 1984, No. 84-250, p. 399, §1; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
The administration of this chapter is vested in the State Fire Marshal who shall have the power to make rules in relation to weekly fire pump testing and to set or make changes in the amount of the fees charged as necessary for the administration and enforcement of this chapter.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §2; Acts 1984, No. 84-250, p. 399, §1; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
It shall be unlawful for any individual, partnership, corporation, association, or joint venture to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system in this state except in conformity with the provisions of this chapter. Nothing in this chapter, however, shall be construed to apply to fire protection sprinkler system owners who employ registered professional fire protection engineers, and skilled workers who regularly and routinely design, install, repair, alter, add to, maintain, and inspect sprinkler systems on and within the premises of their employer, provided such systems are for the owners’ use only.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §3; Acts 1984, No. 84-250, p. 399, §1; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1.)
(a) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business of fire protection sprinkler contractor I shall submit to the State Fire Marshal on standard forms provided by the State Fire Marshal a completed application. The applicant shall include a fee of one hundred twenty dollars ($120) when making the application. The applicant shall designate in the application the name of the proposed certificate holder and provide written proof that such individual has passed a competency test administered by the National Institute for Certification in Engineering Technology (NICET) as a Fire Protection Layout Technician - Level III. A copy of the NICET letter of notification that the proposed certificate holder has passed the competency test shall be sufficient written proof. The State Fire Marshal, upon receipt of the application and fee, shall issue a State Fire Marshal’s permit to a fire protection sprinkler contractor I who has a current State Fire Marshal’s Permit, or who produces evidence of having a current state permit from another state, if such state shall have entered into an agreement of reciprocity with the State of Alabama.
(b) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business of fire protection sprinkler contractor II shall submit to the State Fire Marshal on standard forms provided by the State Fire Marshal a completed application. The applicant shall designate in the application the name of the proposed certificate holder and provide written proof that the individual holds a valid master plumber certification issued by the Alabama Plumbers and Gas Fitters Examining Board. The applicant shall include a fee of one hundred twenty dollars ($120) when making the application. The applicant shall obtain a minimum of 32 hours of training on residential fire sprinkler systems that adequately covers NFPA 13D or ICC P2904 provided by a third party agency approved by the State Fire Marshal’s office, pass the ICC Residential Fire Sprinkler Design/Installation Test, be capable of producing plans for a 13D or P2904 Home Fire Sprinkler System, and provide proof of insurance. The State Fire Marshal, upon receipt of the completed and compliant application and fee, shall issue a State Fire Marshal’s permit to a fire protection sprinkler contractor II. The State Fire Marshal, upon receipt of the application and fee, shall issue a State Fire Marshal’s permit to a fire protection sprinkler contractor II who produces evidence of having a current state permit from another state, if such state shall have entered into an agreement of reciprocity with the State of Alabama.
(c) Prior to a certificate holder being issued a permit under this section to provide residential fire protection sprinkler services, the certificate holder must provide to the State Fire Marshal an active certificate of insurance covering such work with a policy value no less than one million dollars ($1,000,000). The certificate holder must complete a minimum of eight hours of CEUs in residential fire sprinklers every year. Classes must be approved by the Alabama State Fire Marshal’s Office.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §4; Acts 1984, No. 84-250, p. 399, §1; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
(a) If the required fee has been paid, satisfactory written proof from NICET has been provided that the competency test was passed when required by this chapter, all of the requirements set forth in this chapter for obtaining the requested permit have been met, and the proposed certificate holder is found to be at present a responsible, managing owner, partner, officer, or employee of the fire protection sprinkler contractor I, the State Fire Marshal, within 30 days, shall issue a State Fire Marshal’s permit in the name of the fire protection sprinkler contractor I with the name of the certificate holder noted thereon.
(b) If the required fee has been paid, satisfactory written proof from ICC has been provided that the competency test was passed when required by this chapter, and the proposed certificate holder is found to be at present a responsible, managing owner, partner, officer, or employee of the fire protection sprinkler contractor II, the State Fire Marshal, within 30 days, shall issue a State Fire Marshal’s permit in the name of the fire protection sprinkler contractor II with the name of the certificate holder noted thereon.
(Acts 1982, 2nd Ex. Sess., No 82-774, p. 271, §5; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
In no case shall a certificate holder be allowed to obtain a State Fire Marshal’s permit for more than one fire protection sprinkler contractor at a time. If the certificate holder should leave the employment of the fire protection sprinkler contractor, he or she must notify the State Fire Marshal within 30 days. The certificate holder shall not be eligible to obtain a State Fire Marshal’s permit for more than one other fire protection sprinkler contractor for a period of 12 months thereafter. If the certificate holder should leave the employment of the fire protection sprinkler contractor, or die, the fire protection sprinkler contractor shall have nine months to submit a new application proposing designation of another individual as the certificate holder for the applicant. If such application is not received and a new permit issued within the allotted time, the State Fire Marshal shall revoke the permit of the fire protection sprinkler contractor.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §6; Acts 1984, No. 84-250, p. 399, §1; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
The State Fire Marshal’s permit shall expire annually at midnight on September 30. At least 30 days prior, the fire protection sprinkler contractor I or II must submit a renewal application. A renewal fee must be submitted with the application. Failure to renew the permit prior to the expiration shall cause the permit to be null and void as of the expiration date, and it shall be unlawful under this chapter for any individual, partnership, corporation, association, or joint venture to engage in the business of installing, repairing, altering, adding, maintaining, or inspecting a fire protection sprinkler system without a valid State Fire Marshal’s permit. The permit may be reinstated by making application as before, and payment of the fee; however, until such time as a new permit is issued, it shall be unlawful for the fire protection sprinkler contractor I or II to engage in installing, repairing, altering, adding, maintaining, or inspecting fire protection sprinkler systems.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §7; Acts 1984, No. 84-250, p. 399, §1; Act 2017-240, §1.)
If a certified fire protection sprinkler contractor desires to do business in any part of the state, he or she shall be required by this chapter to deliver to the local building official a copy of his or her State Fire Marshal’s permit. The local building official shall require a copy of the State Fire Marshal’s permit before issuing a license or building permit. The certified fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no other requirements on the certified fire protection sprinkler contractor to prove competency other than proper evidence of a valid State Fire Marshal’s permit.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §8.)
Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by a fire protection sprinkler contractor I or II, through a system of permits, fees, and inspections, which are designed to assure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter limits the power of a municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of plans and specifications for work to be performed by a fire protection sprinkler contractor I or II before commencement of the work. If plans for a fire protection sprinkler system are required to be submitted to and approved by any municipality, county, or the state (or any departments or agencies thereof), the plans must bear the permit number of the certified fire protection sprinkler contractor or proof that the person, firm, or corporation that designed such fire protection sprinkler system is an exempt owner under Section 34-33-3. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler contractor I or II is duly certified by requiring evidence of a valid State Fire Marshal’s permit.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §9; Acts 1984, No. 84-250, p. 399, §1; Act 2017-240, §1.)
(a) This chapter also applies to any fire protection sprinkler contractor I or II performing work for any municipality, county, or the state. Officials of any municipality, county, or the state are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, or inspection of a fire protection sprinkler system. Bids for such shall be accompanied by a copy of a valid State Fire Marshal’s permit.
(b) All architects and engineers preparing plans and specifications for work involving fire protection sprinkler systems to be contracted in the State of Alabama shall include in their invitations to bidders and their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited bidder, whether he or she is a resident or nonresident of this state and whether a license has been issued to him or her or not, the information that it will be necessary for him or her to show evidence of license before his or her bid is considered.
(c) A certified licensed engineer shall design the plans for any residential fire protection sprinkler system and approve any changes made to the system design.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §10; Acts 1988, 1st Ex. Sess., No. 88-919, p. 515, §1; Act 2017-240, §1.)
All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized by Section 36-19-31. The State Fire Marshal shall be authorized to expend monies from the State Fire Marshal’s Fund for the administration and enforcement of this chapter. The State Fire Marshal shall be allowed to receive grants and donations from associations, firms, or individuals who are interested in the upgrading and quality of fire protection sprinkler systems.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §11; Act 2021-399, §1.)
Whenever the State Fire Marshal shall have reason to believe that any individual, partnership, corporation, association, or joint venture is or has been violating any provisions of this chapter, he or she or his or her deputy or assistant may issue and deliver to such individual, partnership, corporation, association, or joint venture an order to cease and desist such violation. Failure to comply with any order under this section shall constitute a Class B misdemeanor and shall be subject to punishment within the limits and as provided by state laws. In addition, the State Fire Marshal may impose a civil penalty not to exceed $250 for each day the violation exists. Violation of any provision of this chapter or failure to comply with a cease and desist order shall be cause for revocation of the State Fire Marshal’s permit.
(Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, §12.)
Nothing in Act 2017-240 is intended to authorize the State Fire Marshal to require the installation of any fire protection sprinkler system in any single family dwelling.
(Act 2017-240, §2.)
(a) The State Fire Marshal shall collect and publish data on all residential structural fires in Alabama in a report that includes all of the following information:
(1) The type of structure.
(2) The age of the structure.
(3) The code enforced when the structure was constructed.
(4) The cause of the fire.
(5) Whether the cause of the fire was the result of a criminal or suspicious event.
(6) The materials used in the construction of the structure.
(7) The type and amount of damage to the structure.
(8) The type and number of functional smoke detectors and fire sprinklers installed in the structure.
(b)(1) All information collected pursuant to this section shall be made available to the public, free of charge, on the website of the State Fire Marshal.
(2) The information shall be recorded and published on a monthly basis and maintained thereafter in a sortable electronic format on the website of the State Fire Marshal.
(Act 2017-240, §3.)
For purposes of this chapter, the following words have the following meanings:
(1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal’s permit as the responsible managing owner, partner, officer, or employee who is actively in charge of the work of the certified fire alarm contractor meeting the requirements established in Section 34-33A-5.
(2) CERTIFIED FIRE ALARM CONTRACTOR. A fire alarm contractor who has qualified and received a permit from the State Fire Marshal, with an NICET Level III on staff.
(3) FIRE ALARM CONTRACTOR. An individual, partnership, corporation, association, or joint venture engaged in the business of installation, repair, alteration, addition, maintenance, or inspection of fire alarm systems. The term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.
(4) FIRE ALARM SYSTEM. A system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. Any system installed after August 1, 2009, shall follow the installation standard set forth by the latest edition of the National Fire Protection Association 72 National Fire Alarm Code. The system shall meet the requirements of all locally adopted codes and standards of the local municipality into which the system is installed and shall be acceptable to the local authority having jurisdiction.
(5) LICENSED ELECTRICAL CONTRACTOR. An individual, partnership, corporation, association, or joint venture which is licensed as an electrical contractor engaged in the business of installation of conduit, wire, and fire alarm associated equipment, but does not design, program, certify, inspect, or test fire alarm systems. A licensed electrical contractor is not a fire alarm contractor for the purpose of this chapter.
(6) NICET. National Institute for Certification in Engineering Technology.
(7) STATE FIRE MARSHAL’S PERMIT. The form issued by the State Fire Marshal to a fire alarm contractor upon application being approved and fee paid. The permit shall be issued in the name of the fire alarm contractor, with the name of the certificate holder noted thereon.
(Act 2009-657, p. 2020, §1.)
The administration of this chapter is vested in the State Fire Marshal who shall have the power to set or make changes in the amount of the fee charged as necessary for the administration and enforcement of this chapter.
(Act 2009-657, p. 2020, §1.)
(a) It shall be unlawful for any individual, partnership, corporation, association, or joint venture to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of a fire alarm system in this state except in conformity with this chapter.
(b) This chapter shall not apply to the following:
(1) The owner of a fire alarm system who employs skilled trained workers who regularly and routinely install, repair, alter, add to, maintain, and inspect fire alarm systems on and within the premises of the owner for the use of the owner only.
(2) A smoke detector installed in a residential dwelling.
(3) A residential combination burglary and fire alarm system installed by a licensed burglary alarm contractor in a residential occupancy as defined in the adopted building code where located.
(Act 2009-657, p. 2020, §1.)
(a) Every fire alarm system installed in this state shall have a record of completion signed by a certified fire alarm contractor, in accordance with the requirements of the adopted building code and fire alarm code. The record of completion and all supporting documents shall be available for inspection by the State Fire Marshal or his or her designated representative during normal business hours.
(b) Every fire alarm system in this state shall have the name, address, phone number, and permit number of the responsible certified fire alarm contractor attached to the main fire alarm control in a manner as prescribed by and acceptable to the State Fire Marshal.
(c) Every fire alarm system in this state installed after August 1, 2009, shall be maintained and inspected by a certified fire alarm contractor in accordance with the requirements of the most recently adopted version of the National Fire Protection Association 72 National Fire Alarm Code. Testing documentation shall be maintained by the owner for inspection by the State Fire Marshal or his or her designated representative during normal business hours.
(Act 2009-657, p. 2020, §1.)
(a) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business as a fire alarm contractor shall submit to the State Fire Marshal on standard forms provided by the State Fire Marshal a completed application. The applicant shall include a fee of one hundred dollars ($100) when making the application. The applicant shall designate in the application the name of the proposed certificate holder and provide written proof that the individual has met all of the requirements and passed a competency test administered by NICET as a Fire Alarm System Technician - Level III or above. A copy of the current NICET certificate shall be accepted as sufficient written proof as required above. The State Fire Marshal, upon receipt of the application and fee, shall issue a State Fire Marshal’s permit to a fire alarm contractor who has a current State Fire Marshal’s permit, or who produces evidence of having a current state permit from another state, if the state has entered into an agreement of reciprocity with the State of Alabama.
(b)(1) Any individual desiring to engage in the programming, maintenance, testing, inspection, certification, or modification of fire alarm systems shall provide current written proof that he or she has passed a competency test administered by the NICET as a Fire Alarm System Technician-Level II or any other acceptable nationally recognized fire alarm technician certification requiring continuing education that is deemed equivalent by the State Fire Marshal.
(2) Each individual, partnership, corporation, association, or joint venture shall have 36 months after August 1, 2009, to be in full compliance with the requirement of this subsection.
(3) A new employee who is hired by a certified fire alarm contractor shall have 12 months from the date of hiring to comply with the requirements of this chapter. A new employee who is not in compliance with this chapter shall work under the direct supervision of the certificate holder of the certified fire alarm contractor.
(Act 2009-657, p. 2020, §1.)
If the required fee has been paid, satisfactory written proof from the NICET has been provided that the requirements have been met and a competency test was passed when required by this chapter, and the proposed certificate holder is found to be a responsible, managing owner, partner, officer, or employee of the fire alarm contractor, the State Fire Marshal within 30 days shall issue a State Fire Marshal’s permit in the name of the fire alarm contractor with the name of the certificate holder noted thereon.
(Act 2009-657, p. 2020, §1.)
A certificate holder may not obtain a State Fire Marshal’s permit for more than one fire alarm contractor at any time. A certificate holder may only hold a certificate for the fire alarm contractor where he or she is currently employed. If the certificate holder leaves the employment of the fire alarm contractor, the certificate holder shall notify the State Fire Marshal within 30 days. The certificate holder may not obtain a State Fire Marshal’s permit for more than one other fire alarm contractor for a period of 12 months thereafter. If the certificate holder leaves the employment of the fire alarm contractor, or dies, the fire alarm contractor shall have nine months to submit a new application proposing designation of another individual as the certificate holder for the applicant. If the application is not received and a new permit issued within the allotted time, the State Fire Marshal shall revoke the permit of the fire alarm contractor.
(Act 2009-657, p. 2020, §1.)
A State Fire Marshal’s permit shall expire annually at midnight on September 30. At least 30 days prior to expiration, a renewal application with a renewal fee shall be submitted. A permit which is not renewed prior to expiration shall be null and void on the expiration date, and it shall be unlawful under this chapter for any individual, partnership, corporation, association, or joint venture to engage in the business of installing, repairing, altering, adding, maintaining, or inspecting a fire alarm system without a validly renewed State Fire Marshal’s permit. The permit may be reinstated by making application as before and payment of the fee; however, until the time as a new permit is issued, it shall be unlawful for the fire alarm contractor to engage in installing, repairing, altering, adding, maintaining, or inspecting fire alarm systems.
(Act 2009-657, p. 2020, §1.)
If a certified fire alarm contractor desires to do business in any part of the state, he or she shall deliver to the local building official a copy of his or her State Fire Marshal’s permit. The local building official shall require a copy of the State Fire Marshal’s permit before issuing a license or building permit. The certified fire alarm contractor shall pay any fees normally imposed for local licenses or permits. The local official may not impose other requirements on the certified fire alarm contractor to prove competency other than proper evidence of a valid State Fire Marshal’s permit.
(Act 2009-657, p. 2020, §1.)
Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter limits the power of a municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of plans and specifications for work to be performed by contractors before commencement of the work. If the plans for a fire alarm system are required to be submitted to and approved by any municipality, county, or the state, or any departments or agencies thereof, the plans shall bear the seal of a professional engineer licensed in the State of Alabama or be submitted by a certified fire alarm contractor. The official authorized to issue building or other related permits shall ascertain that the fire alarm contractor is duly certified by requiring evidence of a valid State Fire Marshal’s permit.
(Act 2009-657, p. 2020, §1.)
(a) This chapter applies to any fire alarm contractor performing work for any municipality, county, or the state. Officials of any municipality, county, or the state shall determine compliance with this chapter before awarding any contract for the installation, repair, alteration, addition, or inspection of a fire alarm system. Any bid for a contract shall be accompanied by a copy of a valid State Fire Marshal’s permit.
(b) All architects and engineers preparing plans and specifications for work involving fire alarm systems to be contracted in the State of Alabama shall include in their invitation to bidders and their specifications a copy of this chapter or portions as are deemed necessary to convey to the invited bidder that it will be necessary for the bidder to show evidence of licensure before a bid is considered whether the bidder is a resident or nonresident of this state and whether a license has been issued to the bidder or not.
(Act 2009-657, p. 2020, §1.)
All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized in Section 36-19-31. The State Fire Marshal may expend monies from the State Fire Marshal’s Fund for the administration and enforcement of this chapter. The State Fire Marshal may receive grants and donations from associations, firms, or individuals who are interested in the upgrading and quality of fire alarm systems in compliance with Alabama state ethics laws.
(Act 2009-657, p. 2020, §1; Act 2021-399, §1.)
Whenever the State Fire Marshal has reason to believe that any individual, partnership, corporation, association, or joint venture is or has been violating any provision of this chapter, the State Fire Marshal or his or her deputy or assistant may issue and deliver to the individual, partnership, corporation, association, or joint venture an order to cease and desist the violation. Failure to comply with any order under this section shall constitute a Class B misdemeanor and shall be punishable as provided by state law. In addition, the State Fire Marshal may impose a civil penalty not to exceed two hundred fifty dollars ($250) for each day the violation exists. Violation of any provision of this chapter or failure to comply with a cease and desist order shall be cause for revocation of a State Fire Marshal’s permit.
(Act 2009-657, p. 2020, §1.)
(a) Any person representing himself or herself as a dietitian, nutritionist, or dietitian/nutritionist shall first meet the qualifications set forth below in subdivisions (1) through (4) or subdivision (5) of this subsection:
(1) Prior to the enactment hereof, such persons shall have been granted the right to use the terms “dietitian/nutritionist” or “R.D.” by the American Dietetic Association or the terms “nutritionist” or “dietitian” by the United States government as shall have been specifically allowed by an act of Congress or shall have been granted the right by a state government, or agency thereof, according to powers specifically allowed by appropriate legislative branches.
(2) Be 19 years of age or older.
(3) Have satisfactorily completed appropriate academic requirements in the field of dietetics and related disciplines as approved by the American Dietetic Association and have received a baccalaureate or higher degree from a college or university accredited by the Southern Association of Colleges and Universities or similar accreditation agency.
(4) Have satisfactorily completed a program of supervised experience approved by the Commission on Dietetic Registration of the American Dietetic Association; or
(5) Have received a master’s degree or doctorate degree in human nutrition, nutrition education, foods and nutrition, or public health nutrition from a college or university accredited by the Southern Association of Colleges and Universities or similar accreditation agency; or have received a master’s degree or doctorate degree in a related field that meets eligibility requirements of the Commission on Dietetic Registration of the American Dietetic Association; or shall maintain membership in one of the following organizations: American Institute of Nutrition (AIN), American Society for Clinical Nutrition (ASCN), American Board of Nutrition (ABN).
(b) Any person representing himself or herself as a “registered dietitian” shall meet the following qualifications:
(1) Possess all of the qualifications required for subdivisions (a)(1) through (a)(4) above; and
(2) Have satisfactorily completed an examination since the inception of same propounded and administered under the auspices of the Commission on Dietetic Registration of the American Dietetic Association; and
(3) Have satisfactorily completed courses of continuing education as currently required by the Commission on Dietetic Registration of the American Dietetic Association.
(Acts 1984, No. 84-275, p. 461, §1.)
In addition to other rights granted a dietitian/nutritionist or registered dietitian, by whatever name, and notwithstanding any other provision of law, a dietitian/nutritionist or registered dietitian meeting the qualifications set forth in Section 34-34-1, may, upon referral by a health care provider authorized to prescribe dietary treatments:
(1) Assess the nutritional needs of individuals and groups, and determine the source of constraints in the various practice settings;
(2) Establish priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(3) Provide nutrition counseling in both health and disease;
(4) Develop, implement, and manage systems in nutrition care;
(5) Evaluate the needs, make changes, and maintain appropriate standards of quality in food and nutrition services; for individuals or groups of patients in licensed institutional facilities or in private office settings.
(Acts 1984, No. 84-275, p. 461, §2.)
It is a Class C misdemeanor for any person not meeting the criteria of Section 34-34-1 to use, in connection with his or her name or place of business, the word “dietitian,” “dietician,” “nutritionist,” “registered dietitian,” “registered dietician,” or the letters “D,” “R.D.,” or any other words, letters, abbreviations, or ensignia indicating or implying that the person is a dietitian, nutritionist, or registered dietitian, or to represent, in any way, orally, in writing, in print, or by signature, directly or by implication, that he or she is a dietitian, nutritionist, or a registered dietitian.
(Acts 1984, No. 84-275, p. 461, §3.)
Any person employed by a licensed health care facility and who does not meet the requirements of subsection (a) of Section 34-34-1 on May 7, 1984, may continue to represent himself or herself as a dietitian/nutritionist while employed by the licensed health care facility so long as he or she complies with the continuing education requirements of subdivision (b)(3) of Section 34-34-1.
(Acts 1984, No. 84-275, p. 461, §4.)
This chapter shall be known as the “Dietetics/Nutrition Practice Act.”
(Acts 1989, No. 89-866, p. 1733, §1.)
It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics and nutrition.
The provisions of this chapter shall not apply to hospitals doing business in Alabama as defined by Section 22-21-20(1), for a period of five years only, such exemption beginning on May 17, 1989.
(Acts 1989, No. 89-866, p. 1733, §2.)
For the purposes of this chapter, the following terms shall have the meanings herein ascribed to them unless the context clearly indicates otherwise:
(1) BOARD. Board of Examiners for Dietetics/Nutrition Practice.
(2) COMMISSION ON DIETETIC REGISTRATION (CDR). Commission on Dietetic Registration that is a member of the National Commission for Health Certifying Agencies.
(3) DEGREE. A baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or other regional accreditation agency recognized by the Council on Postsecondary Accreditation and the United States Department of Education.
(4) REGISTERED DIETITIAN. A person registered by the Commission on Dietetic Registration (also defined under Section 34-34-1).
(5) LICENSED DIETITIAN/NUTRITIONIST. A person licensed under this chapter.
(6) TEMPORARILY LICENSED DIETITIAN/NUTRITIONIST. A person temporarily licensed under this chapter.
(7) DIETETICS/NUTRITION PRACTICE. The integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain people’s health through the provision of nutrition care services.
(8) Nutrition care services:
a. Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting;
b. Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
c. Providing nutrition counseling in health and disease according to established guidelines of care;
d. Developing, implementing, and managing nutrition care systems; and
e. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.
(9) NUTRITIONAL ASSESSMENT. The evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition.
(10) NUTRITION COUNSELING. Advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
(11) DIETITIAN/NUTRITIONIST. One engaged in dietetics/nutrition practice as defined in Chapter 34 of Title 34.
(12) DIETETIC TECHNICIAN. A person who is trained to perform specific dietetic functions of a licensed dietitian/nutritionist as defined by this chapter under the direct supervision of a licensed dietitian/nutritionist.
(Acts 1989, No. 89-866, p. 1733, §3.)
Dietetics/nutrition is the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food, management, and behavioral and social sciences to achieve and maintain people’s health. The primary function of dietetic practice is the provision of nutrition care services which shall include:
(1) Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting.
(2) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints.
(3) Providing nutrition counseling in health and disease.
(4) Developing, implementing, and managing nutrition care systems.
(5) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.
(Acts 1989, No. 89-866, p. 1733, §4.)
Only a person licensed or otherwise authorized to practice under this chapter shall practice dietetics/nutrition or provide nutrition care services or use the title “dietitian/nutritionist” or the words “dietitian” or “nutritionist” alone or in combination, or use the letters L.D., L.N., or any facsimile thereof, except as allowed by Chapter 34, Title 34. Nothing in this chapter shall apply to a physician licensed to practice medicine. Dietitians/nutritionists may offer advice and counsel on dietetics and nutrition as adjunct medical therapy when advice and counsel is given upon referral or directive of a licensed physician. Notwithstanding any other provision of this chapter to the contrary a person licensed to practice dietetics/nutrition or to provide nutritional care services shall not diagnose, treat, or prescribe for any human illness, injury, disease, impairment, or infirmity, or otherwise engage in the practice of medicine as that term is defined in Section 34-24-50.
(Acts 1989, No. 89-866, p. 1733, §5.)
(a) The State Board of Examiners for Dietetics/Nutrition Practice is hereby created.
(b) The board shall consist of three members. Two members of the board shall be dietitians/nutritionists licensed under this chapter. One member of the board shall be a lay person. The Governor shall appoint board members. At least two names shall be submitted for each place on the board. No elected officer of the Alabama Dietetic Association, Inc., shall be eligible to serve on the board.
(c) Each dietitian/nutritionist on the board shall have been engaged in the practice of dietetics/nutrition for not less than seven years, with at least the last two years in the State of Alabama. The dietitians/nutritionists on the board shall be in different areas of practice, namely: Clinical dietetics and research, community dietetics, management, consultation and private practice, and education.
(d) The lay member of the board shall not be a spouse or relative of any other member of the board.
(e) Each member of the board shall serve for a term of three years and may succeed himself for one additional term; provided, however, that where a member was initially appointed either to create the board, or to fill a vacancy, such member may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment and the member shall no longer be eligible to participate in board proceedings unless lawfully appointed. Members of the initial board shall be appointed in such a manner that one member shall serve a two-year term, one board member shall be appointed for a three-year term, and one board member shall be appointed for a four-year term.
(f) The dietitian/nutritionist members of the board shall become licensed during the first year of operation of the board. Thereafter, dietitian/nutritionist board members shall be licensed under this chapter.
(g) The board shall meet no less than twice a year.
(h) The duties of the board shall include:
(1) Promulgate rules and regulations necessary to implement this chapter.
(2) Adopt a code of ethics.
(3) Determine qualifications and fitness of applicants, issue licenses, reinstate licenses.
(4) Revoke, suspend, or deny a license.
(5) Receive and process complaints.
(6) Provide for examination or waiver of examination for applicants as specified by Commission on Dietetic Registration.
(7) Impose penalties.
(i) Each member of the board shall receive a per diem fee of not less than $25 and not more than $100 to be determined by the board for the time spent in the performance of his or her official duties and in necessary travel and shall be reimbursed for all travel and incidental expenses as provided by the laws of the State of Alabama and by regulations of the State Personnel Director incurred in carrying out provisions of this chapter. In setting the per diem fee, the board shall give due consideration to funds which are available for such purposes.
(Acts 1989, No. 89-866, p. 1733, §6.)
To qualify as a licensed dietitian or nutritionist, an applicant must:
(1) Be 19 years of age or older.
(2) Submit evidence of good moral character and respectability.
(3) File a written application on a form provided by the board.
(4) Have satisfactorily completed appropriate academic requirements with a major course of study in human nutrition, foods and nutrition, dietetics, or food systems management, and have received a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or other regional accreditation agency. An applicant who has received his/her education outside the United States or its territories must have the academic degree(s) validated as equivalent to the baccalaureate or master’s degree conferred by a college or university in the United States that is accredited by the Southern Association of Schools and Colleges or other regional accreditation agency.
(5) Or in lieu of subdivision (4) of this section, have received a master’s or doctorate degree in human nutrition, nutrition education, foods and nutrition as defined by the board, or a related field from a college or university accredited by the Southern Association of Schools and Colleges or other regional accrediting agency.
(6) Have satisfactorily completed a planned, continuous preprofessional experience component in dietetics/nutrition practices of not less than 900 hours under the supervision of a registered dietitian or a practitioner licensed under the conditions of this chapter.
(7) Pass an examination propounded under the auspices of the Commission on Dietetic Registration.
(8) Applicants who provide evidence of current registration as a registered dietitian by the Commission on Dietetic Registration shall be considered to have met the requirements of subdivisions (4) or (5), and (6) and (7) of this section.
(9) Pay fees prescribed by the board.
(Acts 1989, No. 89-866, p. 1733, §7.)
There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Alabama State Board of Examiners for Dietetics/Nutrition Practice Fund. All receipts collected by the board under the provisions of this chapter are to be deposited in this fund and used only to carry out the provisions of this chapter. Such receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the chairman of the board; provided that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12 and only in amounts as stipulated in the general appropriations bill or other appropriation bills.
(Acts 1989, No. 89-866, p. 1733, §8.)
(a) A temporary license to practice as a dietitian/nutritionist may be issued by the board upon the filing of an application and submission of evidence of successful completion of education requirements specified in Section 34-34A-7.
(b) A temporary license shall expire one year from the date of issuance.
(c) The fee for a temporary license and for each renewal shall not be more than 50 percent of current renewal fees. Application fees must be paid same as licensed dietitians/nutritionists.
(Acts 1989, No. 89-866, p. 1733, §9.)
This chapter does not prevent or restrict the practice, services, or activities of:
(1) A dietetic technician, from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist provided such activities are related to employment.
(2) A student enrolled in an approved educational program in dietetics/nutrition from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist provided the activities are part of such program.
(3) A dietitian/nutritionist who is serving in the armed forces or the public health services of the United States or is employed by the Veterans Administration or other federal government agencies or the cooperative extension system from engaging in the practice of dietetics/nutrition provided such practice is related to such service or employment.
(4) A duly licensed health professional from engaging in the practice of dietetics/nutrition when incidental to the practice of his/her profession, provided that such a person does not represent himself/herself as a licensed dietitian/nutritionist or as able to practice dietetics/nutrition.
(5) A government employee other than a dietitian/nutritionist, or a certified teacher employed by a federal, state, county, or municipal agency, or other political subdivision, or an elementary or secondary school, or an accredited institution of higher education, from discharging his/her official duties, provided that if such person practices dietetics/nutrition in this state outside the scope of that official duty, he/she shall be licensed under this chapter.
(6) Any person, including hospital food service managers/directors and child nutrition program managers, who has management responsibility for food service department policies, procedures, and outcomes from performing his/her job provided that such a person does not represent himself/herself as a licensed dietitian/nutritionist.
(7) Nothing in this chapter is intended to prohibit any person who does not hold himself or herself out to be a dietitian or nutritionist from furnishing general nutritional information on food, food materials, or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with marketing and distribution of those products, nor to prohibit any person licensed under this chapter from engaging in the marketing and distribution of food or food products.
(8) Any person who provides weight control services provided the program has been reviewed by a dietitian/nutritionist as defined in this chapter and consultation is available from a dietitian/nutritionist. No changes in a weight control program shall be initiated without prior approval by a dietitian/nutritionist as defined in this chapter.
(9) A dietitian/nutritionist licensed under this chapter from providing nutrition counseling on health and wellness to the public as an independent agent.
(Acts 1989, No. 89-866, p. 1733, §10.)
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.
(Acts 1989, No. 89-866, p. 1733, §11.)
For one year beginning on May 17, 1989, the board shall waive the examination requirement and grant a license to any person who:
(1) Is registered with the Commission on Dietetic Registration, or
(2) Has received a baccalaureate or post baccalaureate degree with a major in dietetics/nutrition or equivalent major course of study as approved by the board, from a college or university accredited by the Southern Association of Schools and Colleges or equal accrediting agency and who:
a. Shall have completed the accredited or approved experience as acceptable to the Commission on Dietetic Registration, or
b. Meets the requirements of Section 34-34-4.
(Acts 1989, No. 89-866, p. 1733, §12.)
(a) Any license issued under this chapter expires two years after it is issued unless renewed in the manner prescribed by the board.
(b) An applicant for renewal of a license must have satisfactorily maintained continuing education requirements through the Commission on Dietetic Registration or as specified and approved by the board.
(c) The board may provide for the late renewal of a license upon payment of a late fee but no late renewal of a license may be granted more than one year after its expiration.
(Acts 1989, No. 89-866, p. 1733, §13.)
(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.
(Acts 1989, No. 89-866, p. 1733, §14.)
(a) It shall be a misdemeanor for any person to:
(1) Sell or fraudulently obtain or furnish any license or aid or abet therein.
(2) Practice dietetics/nutrition or use the title dietitian/nutritionist under cover of any license illegally or fraudulently obtained or unlawfully issued.
(3) Practice dietetics/nutrition or use the title dietitian/nutritionist or use in connection with his/her name any designation tending to imply that he/she is a dietitian/nutritionist unless duly licensed so to practice under the provisions of this chapter.
(4) Practice dietetics/nutrition or use the title dietitian/nutritionist or use in connection with his/her name any designation tending to imply that he/she is a dietitian/nutritionist during the time his/her license issued under provisions of this chapter shall be expired, suspended, or revoked.
(5) Otherwise violate any provisions of this chapter.
(b) Such misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the county jail for not more than 30 days or by both such fine and imprisonment.
(Acts 1989, No. 89-866, p. 1733, §15.)
(a) The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to dietetics services.
(2) Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements.
(3) Eliminate the necessity for licenses in multiple states.
(4) Reduce the administrative burden on member states and licensees.
(5) Enhance the states’ ability to protect the public’s health and safety.
(6) Encourage the cooperation of member states in regulating multistate practice of licensed dietitians.
(7) Support relocating active military members and their spouses.
(8) Enhance the exchange of licensure, investigative, and disciplinary information among member states.
(9) Vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.
(Act 2024-366, §1.)
As used in this compact, the following terms have the following meanings:
(1) ACEND. The Accreditation Council for Education in Nutrition and Dietetics or its successor organization.
(2) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.
(3) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on a licensure affecting a licensee’s authorization to practice, including issuance of a cease and desist action.
(4) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process approved by a licensing authority.
(5) CDR. The Commission on Dietetic Registration or its successor organization.
(6) CHARTER MEMBER STATE. Any member state which enacted this compact by law before the effective date specified in Section 34-34B-12.
(7) COMPACT COMMISSION. The governmental agency whose membership consists of all states that have enacted this compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 34-34B-8, and which shall operate as an instrumentality of the member states.
(8) COMPACT PRIVILEGE. A legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.
(9) CONTINUING EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
b. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether he or she has been notified and had an opportunity to respond.
(11) DATA SYSTEM. A repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action information.
(12) ENCUMBERED LICENSE. A license in which an adverse action restricts a licensee’s ability to practice dietetics.
(13) ENCUMBRANCE. A revocation or suspension of, or any limitation on, a licensee’s full and unrestricted practice of dietetics by a licensing authority.
(14) EXECUTIVE COMMITTEE. A group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact and the compact commission.
(15) HOME STATE. The member state that is the licensee’s primary state of residence or that has been designated pursuant to Section 34-34B-6.
(16) INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a licensing authority pursuant to an investigation.
(17) JURISPRUDENCE REQUIREMENT. An assessment of an individual’s knowledge of the state laws and rules governing the practice of dietetics in that state.
(18) LICENSE. An authorization from a member state to do one of the following:
a. Engage in the practice of dietetics, including medical nutrition therapy.
b. Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,” “certified dietitian,” or other title describing a substantially similar practitioner as the compact commission may further define by rule.
(19) LICENSEE or LICENSED DIETITIAN. An individual who currently holds a license and who meets all of the requirements outlined in Section 34-34B-4.
(20) LICENSING AUTHORITY. The board or agency of a state, or equivalent, that is responsible for the licensing and regulation of the practice of dietetics.
(21) MEMBER STATE. A state that has enacted the compact.
(22) PRACTICE OF DIETETICS. The synthesis and application of dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.
(23) REGISTERED DIETITIAN. A person who meets all of the following requirements:
a. Has completed applicable education, experience, examination, and recertification requirements approved by CDR.
b. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist.
c. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations “RD” or “RDN.”
(24) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.
(25) RULE. A regulation adopted by the compact commission that has the force of law.
(26) SINGLE-STATE LICENSE. A license issued by a member state within the issuing state. The term does not include a compact privilege in any other member state.
(27) STATE. Any state, commonwealth, district, or territory of the United States of America.
(28) UNENCUMBERED LICENSE. A license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.
(Act 2024-366, §1.)
(a) To participate in the compact, a state must currently license and regulate the practice of dietetics and have a mechanism in place for receiving and investigating complaints about licensees.
(b) A member state shall:
(1) Participate fully in the compact commission’s data system, including using the unique identifier as defined in rules.
(2) Notify this compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.
(3) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
a. A member state must fully implement a criminal history record information requirement, within a timeframe established by rule, which includes receiving the results of the Federal Bureau of Investigation record search and shall use those results in determining compact privilege eligibility.
b. Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal history record information check performed by a member state.
(4) Comply with and enforce the rules of the compact commission.
(5) Require an applicant for a compact privilege to obtain or retain a license in the licensee’s home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
(6) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in Section 34-34B-4 in accordance with the terms of the compact and rules.
(c) Member states may set and collect a fee for granting a compact privilege.
(d) Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(f) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements.
(Act 2024-366, §1.)
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Satisfy one of the following:
a. Hold a valid current registration that gives the applicant the right to use the term “registered dietitian”; or
b. Complete all of the following:
(i) A master’s degree or doctoral degree that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education, which the compact commission may determine by rule, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education.
(ii) An academic degree from a college or university in a foreign country equivalent to the degree described in item (i) that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education, which the compact commission may determine by rule.
A planned, documented, and supervised practice experience in dietetics that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education which the compact commission may determine by rule and which involves at least 1000 hours of practice experience under the supervision of a registered dietitian or a licensed dietitian.
Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; provided, the completion must be no more than five years prior to the date of the licensee’s application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission.
(2) Hold an unencumbered license in the home state;
(3) Notify the compact commission that the licensee is seeking a compact privilege within one or more remote states;
(4) Pay any applicable fees, including any state fee, for the compact privilege;
(5) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(6) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within 30 days from the date the action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(c) A licensee exercising a compact privilege shall adhere to the laws and rules of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in the remote state.
(d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege is only required to meet any continuing education requirements as required by the home state.
(Act 2024-366, §1.)
(a) A licensee may hold a home state license, which allows for a compact privilege in other member states, 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 file an application for obtaining a new home state license based on a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with the rules of the compact commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state shall verify that the licensee meets the criteria in Section 34-34B-4 via the data system and require that the licensee complete all of the following:
a. A Federal Bureau of Investigation fingerprint-based criminal history record information check.
b. Any other criminal history record information required by the new home state.
c. Any jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the compact commission.
(4) Notwithstanding any other provision of this compact, if the licensee cannot meet the criteria in Section 34-34B-4, the new home state may apply its requirements for issuing a new single-state license.
(5) The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensee changes his or her state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new 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 license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(Act 2024-366, §1.)
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.
(Act 2024-366, §1.)
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do both of the following:
(1) Take adverse action against a licensee’s compact privilege within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(b) Only the home state shall have the power to take adverse action against a licensee’s home state license.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state shall also have authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(e) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.
(f) A member state may take adverse action based on the factual findings of another remote state, provided that the member state follows its own procedures for taking the adverse action.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the compact.
(h) If adverse action is taken by the home state against a licensee’s home state license resulting in an encumbrance on the home state license, the licensee’s compact privilege in all other member states shall be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee shall include a statement that the licensee’s compact privileges are revoked in all member states during the pendency of the order.
(i) Once an encumbered license in the home state is restored to an unencumbered license, as certified by the home state’s licensing authority, the licensee must meet the requirements of Section 34-34B-4(a) and follow the administrative requirements to reapply to obtain a compact privilege in any remote state.
(j) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the other member states of any adverse actions.
(k) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
(Act 2024-366, §1.)
(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted the compact known as the Dietitian Licensure Compact Commission. The compact commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in Section 34-34B-12.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.
(2) The delegate shall be the primary administrator of the licensing authority or his or her designee.
(3) The compact commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The compact commission may recommend removal or suspension of any delegate from office.
(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the compact commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the compact commission requiring a vote by the delegates.
(7) Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in-person or by telecommunication, video conference, or other means of communication.
(8) The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The compact commission may meet in person or by telecommunication, video conference, or other means of communication.
(c) The compact commission shall have all of the following powers:
(1) Establish the fiscal year of the compact commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Establish and amend rules and bylaws.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take action consistent with this compact and the compact commission’s rules and bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the compact commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the compact commission, and designate an agent to do so on behalf of the compact commission.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of the compact, and establish the compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided, that at all times the compact commission shall avoid any actual or appearance of impropriety or conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest in property.
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(16) Establish a budget and make expenditures.
(17) Borrow money.
(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and other interested persons as may be designated in this compact or the bylaws.
(19) Provide and receive information from, and cooperate with, law enforcement agencies.
(20) Establish and elect an executive committee, including a chair and a vice chair.
(21) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(22) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The Executive Committee.
(1) The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following:
a. Oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the compact, its rules and bylaws, and other duties as deemed necessary.
b. Recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.
c. Ensure compact administration services are appropriately provided, including by contract.
d. Prepare and recommend the budget.
e. Maintain financial records on behalf of the compact commission.
f. Monitor compact compliance of member states and provide compliance reports to the compact commission.
g. Establish additional committees as necessary.
h. Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of the compact commission.
(2) The executive committee shall be composed of nine members:
a. The chair and vice chair of the compact commission shall be voting members of the executive committee.
b. Five voting members from the current membership of the compact commission, elected by the compact commission.
c. One ex officio, nonvoting member from a recognized professional association representing dietitians.
d. One ex officio, nonvoting member from a recognized national credentialing organization for dietitians.
(3) The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws.
(4) The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subdivision (f)(2).
b. The executive committee shall give 30-days’ notice of its meetings, posted on the website of the compact commission and as determined to provide notice to persons with an interest in the business of the compact commission.
c. The executive committee may hold a special meeting in accordance with paragraph (f)(1)b.
(e) The compact commission shall adopt and provide to the member states an annual report.
(f) Meetings of the Compact Commission.
(1) All meetings shall be open to the public, except that the compact commission may meet in a closed, non-public meeting as provided in subdivision (2).
a. Public notice for all meetings of the full compact commission shall be given in the same manner as required under the rulemaking provisions in Section 34-34B-10, except that the compact commission may hold a special meeting as provided in paragraph b.
b. The compact commission may hold a special meeting when it must meet to conduct emergency business by giving 24-hours’ notice to all member states, on the compact commission’s website, and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency.
(2) The compact commission, the executive committee, or other committees of the compact commission may convene in a closed, nonpublic meeting for the compact commission, executive committee, or other committees of the compact commission to receive legal advice or to discuss the following:
a. Noncompliance of a member state with its obligations under the compact.
b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.
c. Current or threatened discipline of a licensee by the compact commission or by a member state’s licensing authority.
d. Current, threatened, or reasonably anticipated litigation.
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally censuring any individual.
g. Trade secrets or commercial or financial information that is privileged or confidential.
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
i. Investigative records compiled for law enforcement purposes.
j. Information related to any investigative reports prepared by or on behalf of or for use of the compact commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
k. Matters specifically exempted from disclosure by federal or member state law.
l. Other matters as specified in the rules of the compact commission.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(4) The compact commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.
(g) Financing of the compact commission.
(1) The compact commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The compact commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13).
(3) The compact commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which must, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the compact commission shall adopt by rule.
(4) The compact commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations; nor shall the compact commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the compact commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the compact commission shall be immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the compact commission shall not in any way compromise or limit the immunity granted under this subsection.
(2) The compact commission shall defend any member, officer, executive director, employee, and representative of the compact commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional, willful, or wanton misconduct.
(3) The compact commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or that such individual had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that individual.
(4) Nothing in this subsection shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or rule.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission.
(Act 2024-366, §1.)
(a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.
(b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.
(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 compact commission, including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege and information related thereto.
(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of participation, and other information related to participation not made confidential under member state law.
(5) Any denial of application for licensure, and the reason or reasons for the denial.
(6) The presence of current significant investigative information.
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or its agent, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(e) Current significant 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 report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee 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.
(Act 2024-366, §1.)
(a) The compact commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted under the contract, or based upon another applicable standard of review.
(b) The rules of the compact commission shall have the force of law in each member state; provided, however, that where the rules conflict with the laws or rules of a member state that relate to the procedures, actions, and processes a licensed dietitian is permitted to undertake in that state and the circumstances under which he or she may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.
(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the compact commission.
(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the compact commission, and at least 30 days in advance of the meeting at which the compact commission will hold a public hearing on the proposed rule, the compact commission shall provide a notice of proposed rulemaking:
(1) On the website of the compact commission or other publicly accessible platform;
(2) To individuals who have requested notice of the compact commission’s notices of proposed rulemaking; and
(3) In such other ways as the compact commission may specify by rule.
(h) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the compact commission will consider and vote on the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or other means of communication, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason supporting it;
(4) A request for comments on the proposed rule from any interested person; and
(5) The manner in which interested persons may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this section.
(k) The compact commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(2) The compact commission shall provide an explanation of the reasons for substantive changes made to the proposed rule, as well as reasons for substantive changes not made that were recommended by commenters.
(3) The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24-hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures provided in the 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 provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of compact commission or member state funds;
(3) Meet a deadline for the adoption of a rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The compact commission or an authorized committee of the compact commission may direct revision to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the compact 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 compact commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the compact commission.
(n) No member state’s rulemaking requirements shall apply under this compact.
(Act 2024-366, §1.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The compact commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this section shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter.
(3) The compact commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the compact commission service of process shall render a judgment or order void as to the compact commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the compact commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the compact commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the compact commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the compact commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the member states’ licensing authority.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of six months after the date of the notice of termination.
(g) The compact 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 compact commission and the defaulting state.
(h) The defaulting state may appeal the action of the compact commission by petitioning the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party shall be awarded all costs of litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The compact commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) By supermajority vote, the compact commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the compact commission. The compact commission may pursue any other remedies available under federal or the defaulting member state’s law.
(2) A member state may initiate legal action against the compact commission in the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce this compact against the compact commission.
(Act 2024-366, §1.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first seven member states referred to as “charter member states”, to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-34B-11.
b. If any member state is later found to be in default, is terminated, or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in Section 34-34B-8(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.
(4) Any state that joins the compact subsequent to the compact commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the compact commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute to repeal it.
(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a state withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2024-366, §1.)
(a) This compact and the compact commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the compact commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency, person, or circumstance shall not be affected.
(c) Notwithstanding subsection (b), the compact commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-34B-11(b), terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2024-366, §1.)
(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the compact commission and the member states are binding in accordance with their terms.
(Act 2024-366, §1.)
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.
(Act 2024-366, §1.)
As used in this chapter, the following terms shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) TRANSIENT MERCHANT. Any person that transacts transient business in this state either in one locality or by traveling from place to place in this state. The term includes a merchant who for the purpose of carrying on such business, hires, leases, uses, or occupies any building, structure, motor vehicle, railroad car, or real property.
(2) TRANSIENT BUSINESS. Any business conducted for the sale of merchandise or services that is carried on in any building, structure, motor vehicle, railroad car, or real property for a period of less than six months in each year.
(3) PERSON. An individual, corporation, association, partnership, or other entity.
(Acts 1985, No. 85-693, p. 1114, §1.)
(a) The provisions of this chapter shall not apply to:
(1) Civic and nonprofit organizations, wholesale sales to retail merchants by commercial travelers or agents selling in the usual course of business;
(2) Wholesale trade shows or conventions;
(3) Sales of goods, wares, services, or merchandise by sample catalogue or brochure for future delivery;
(4) Fairs and convention center activities conducted primarily for amusement or entertainment;
(5) Any general sale, fair, auction, or bazaar sponsored by a church or religious organization;
(6) Garage sales held on premises devoted to residential use;
(7) Sales of crafts or items made by hand or sold or offered for sale by the person making the crafts or items;
(8) Duly licensed flea markets operating from a fixed location;
(9) Sales of agricultural products, except nursery products and foliage plants; or
(10) Sample sales made by a seller at residential premises under an invitation issued by the owner or legal occupant of the premises.
(b) A transient merchant not otherwise exempted from this chapter is not exempted from this chapter because of a temporary association with a local dealer, auctioneer, trader, contractor, or merchant, or by conducting the transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor, or merchant.
(Acts 1985, No. 85-693, p. 1114, §2.)
A transient merchant may not transact business in any county in this state unless the merchant, and the owner of the merchandise or provider of the services to be offered, if the merchandise is not owned or the services are not provided by the merchant, has secured a license in accordance with this chapter and otherwise complied with this chapter.
(Acts 1985, No. 85-693, p. 1114, §3.)
(a) A transient merchant who desires to transact business in a county in this state must apply for and obtain a license in each county in which the merchant desires to transact business. The license application shall be filed with the probate judge and must include:
(1) The name and permanent address of the transient merchant making the application;
(2) A statement describing the kind of business to be conducted, the length of time for which the applicant desires to transact the business, and the proposed location of the business;
(3) The name and permanent address of the applicant’s registered agent or office; and
(4) Proof that the applicant has acquired all other required city, county, and state permits and licenses.
(b) If the applicant is an association or a corporation, the applicant must also include the names and addresses of the members of the association or the officers of the corporation. If the applicant is a corporation, the application must state the date of incorporation and the state in which it was incorporated. If the applicant is a corporation organized under the laws of another state, the applicant must state the date on which the corporation qualified to transact business as a foreign corporation in this state.
(Acts 1985, No. 85-693, p. 1114, §4.)
The tax assessor in each county shall prepare appropriate forms for license applications, license certificates, and license renewals issued under this chapter.
(Acts 1985, No. 85-693, p. 1114, §5.)
(a) Each applicant for a transient merchant license shall designate a registered agent on the license application. The registered agent must be a resident of the county and shall be the agent on whom any process, notice, or demand required or permitted by law to be served on the licensee may be served. The registered agent must agree in writing to act as the agent. The license applicant shall file a copy of the agreement with the license application.
(b) The probate judge of each county shall maintain an alphabetical list of all transient merchants in the county and the names and addresses of their registered agents.
(c) If a transient merchant who does business in a county fails to have or to maintain a registered agent in that county, or if the designated registered agent cannot be found at the stated permanent address, the probate judge is the agent of the transient merchant for service of process, notices, or demands. Service on the probate judge is made by delivering to his or her office duplicate copies of the process, notice, or demand. If such a process, notice, or demand is served on the probate judge, the probate judge shall immediately forward one copy by registered or certified mail to the permanent address of the transient merchant. This section does not limit or otherwise affect the right of any person to serve a process, notice, or demand in any other manner authorized by law.
(Acts 1985, No. 85-693, p. 1114, §6.)
(a) Each applicant for a transient merchant license must include a license fee of $250 with the application, to be deposited in the county treasury that issues the license. The license applicant must also execute a cash bond or a surety bond issued by a corporate surety authorized to do business in this state in an amount that is the lesser of $2,000 or five percent of the wholesale value of any merchandise or services to be offered for sale. The surety bond must be issued in favor of the state and must be conditioned that the applicant will pay all taxes due from the applicant to the state or to a political subdivision of the state, any fines assessed against the applicant or the applicant’s agents or employees for a violation of this chapter, and any judgment rendered against the applicant or the applicant’s agents or employees in a cause of action commenced by a purchaser of merchandise or services not later than one year after the date the merchandise or services are sold by the applicant.
(b) The transient merchant must maintain the bond during the period that the merchant conducts business in the county and for a one-year period after the termination of the business. After the transient merchant furnishes satisfactory proof to the probate judge that the merchant has satisfied all claims of purchasers of merchandise from or services offered by the merchant, and that all state and local sales taxes and other applicable taxes have been paid, the bond shall be released.
(Acts 1985, No. 85-693, p. 1114, §7.)
(a) The probate judge shall issue a transient merchant license under this chapter only if all requirements of this chapter have been met. The license is not transferable, and is valid only within the territorial limits of the issuing county. A license expires 90 days after the day of issuance.
(b) A license may be renewed on payment of a $25 renewal fee and filing for renewal with the probate judge before the expiration of the current license.
(Acts 1985, No. 85-693, p. 1114, §8.)
Any person who knowingly or intentionally operates a transient business without a valid license as provided by this chapter, or who knowingly or intentionally advertises, offers for sale, or sells any merchandise or services in violation of this chapter, shall, upon conviction, be guilty of a Class A misdemeanor.
(Acts 1985, No. 85-693, p. 1114, §9.)
This chapter shall be known and may be cited as the “Alabama Electrical Contractors Act” and shall be construed and implemented to promote the purposes and policies set forth in this chapter.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §1; Act 2010-540, p. 932, §1.)
The “Alabama Electrical Contractors Act” is enacted for the purpose of safeguarding homeowners and other property owners and tenants against faulty, inadequate, inefficient, or unsafe electrical installations and to protect the life, health, and property of homeowners and other property owners and tenants in the State of Alabama. Electrical contracting is hereby declared to be affected with the public interest, and this chapter shall be liberally construed so as to accomplish the foregoing purpose.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §2.)
The following terms shall have the meanings respectively ascribed to them used in this chapter, for the purposes of this chapter, unless the context clearly requires a different meaning:
(1) BOARD. The Alabama Board of Electrical Contractors.
(2) DIRECTOR. The Executive Director of the Alabama Board of Electrical Contractors.
(3) ELECTRICAL CONTRACTING. Any job or project in the State of Alabama wherein the electrical contractor proposes to bid, install, maintain, alter, or repair any electric wiring devices or equipment.
(4) ELECTRICAL CONTRACTOR. Any person, firm, or corporation who is engaged in the business of soliciting and installing electrical power or control systems; maintaining, altering, or repairing electrical power or control systems, any electrical wiring devices, equipment, or any other electrical apparatus. A person who possesses the necessary qualifications, training, and technical knowledge to plan, lay out, and supervise the installation of electrical wiring, apparatus, or equipment for lighting, heating, power, or controls and who possesses any of the following qualifications:
a. Four years of practical experience as a journeyman electrician in charge of jobs.
b. Four years of experience in the design and construction of electrical systems.
(5) JOURNEYMAN ELECTRICIAN. A person who possesses necessary qualifications, training, and technical knowledge to install electrical wiring, apparatus, or equipment lighting, heating, or power or control covered by this chapter. He or she shall work under a master or state certified electrical contractor and shall be capable of doing work according to plans and specifications furnished to him or her and in accordance with standard rules and regulations governing such work.
(6) LICENSE. A valid and current certificate of registration issued by the director on behalf of the board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.
(7) LICENSEE. Any person holding a license.
(8) PERSON. A human person, not a legal entity.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §3; Acts 1988, No. 88-129, p. 184, §1; Act 2010-540, p. 932, §1.)
(a) The Alabama Board of Electrical Contractors is created.
(b) A person to be eligible for appointment to serve on the board shall be a citizen and resident of Alabama. Each person appointed to the board from each congressional district shall be actively engaged in the electrical construction business as a qualified person with electrical construction background of not less than five consecutive years, and shall hold certificates to validate his or her competence as an electrical contractor in the electrical construction field. The two persons appointed to the board as at-large members shall be members of the Alabama State Electrical Workers Association. The membership of the board should be inclusive and should reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(c) The board shall consist of nine members to be appointed by the Governor. One member shall be appointed from each congressional district, and there shall be two at-large members who shall be appointed from within the state. The board members from the First, Second, and Third Congressional Districts shall be appointed for terms of one year; the board members from the Fourth, Fifth, and Sixth Congressional Districts shall be appointed for terms of two years; and the board member from the Seventh Congressional District as well as the at-large members shall be appointed for terms of three years. Thereafter, all board members shall be appointed for terms of three years. Each term shall expire on June 30 of the last year of the term, and no member shall serve more than two consecutive three-year terms. Vacancies on the board for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term. Members shall serve until their successors are appointed.
(d) The board shall meet at least semiannually and as often as necessary. The board shall meet annually to elect officers from its membership, whose initial terms shall expire on June 30 next following their election. Special meetings of the board may be held as the board provides in its rules and regulations. The board shall meet at least once in the first quarter and once in the third quarter of the year. Five members of the board shall constitute a quorum.
(e) The board may adopt rules and regulations to carry out this chapter.
(f) Any member of the board or duly appointed hearing officer designated by the board may administer oaths and take testimony concerning all matters within the jurisdiction of the board.
(g) The board may sue and be sued in its official name. Absent negligence, wantonness, recklessness, or deliberate misconduct, members of the board are immune from liability for all good faith acts performed in the execution of their duties of the board.
(h) The board shall adopt a seal for its use containing the words: Alabama Electrical Contractors’ Licensing Board.
(i) The board may employ, and at its pleasure discharge, an executive director. The board may hire other officers and administrative employees which may be necessary to implement this chapter. The board may employ, on an as needed basis, an investigator to investigate complaints. The board shall not employ electrical inspectors nor provide for any electrical inspections. The board shall outline the duties and fix the compensation and expense allowances of all employees pursuant to the Merit System Act of Alabama.
(j) The board is subject to the Alabama Sunset Law and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2012, and every four years thereafter, unless a bill is enacted that the board be continued, modified, or reestablished.
(k) Each board member shall be accountable to the Governor for the proper performance of his or her duties as a member of the board. The Governor shall investigate any complaints or unfavorable reports concerning the actions of the board and shall take appropriate action thereon, including removal of any board member for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties. A board member may be removed at the request of the board after failing to attend three consecutive properly noticed meetings.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §4; Acts 1988, No. 88-129, p. 184, §1; Acts 1995, No. 95-747, p. 1698, §1; Act 2010-540, p. 932, §1.)
The members of the board shall receive up to three hundred dollars ($300) per day with a limit of 15 days per year while performing their official duties, in addition to the same per diem and mileage as provided to state employees.
(Acts 1985, 2nd Ex. Sess., No. 85-921 p. 201 §5; Act 2010-540, p. 932, §1.)
(a) By rule, the board shall make provisions to do all of the following:
(1) Prepare or approve all examinations of applicants for licenses for electrical contractors and journeyman electricians.
(2) Determine the qualifications of electrical contractors to engage in the business of electrical contracting.
(3) Determine the qualifications of journeyman electricians to engage in electrical work.
(4) Provide for the investigation of written complaints filed with the board concerning alleged violations of this chapter and any rules adopted by the board.
(b) The board may suspend, revoke, or refuse to issue or renew a license and impose a civil penalty in an amount not to exceed five thousand dollars ($5,000), after notice and opportunity for a hearing pursuant to the Alabama Administrative Procedure Act, upon proof of any of the following actions by a licensee or applicant:
(1) Violating any provision of this chapter.
(2) Attempting to procure a license to practice electrical contracting or to work as a master electrician or journeyman electrician by bribery or fraudulent misrepresentations.
(3) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of electrical contracting, working as a journeyman electrician, or the ability to practice electrical contracting or to work as a master electrician or journeyman electrician.
(4) Making or filing a report or record which the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed electrical contractor, master electrician, or journeyman electrician.
(5) Being found guilty of fraud or deceit or of negligence, incompetency, or misconduct in the practice of electrical contracting or working as a master electrician or journeyman electrician.
(6) Practicing on a revoked, suspended, or inactive license.
(7) Aiding or abetting any person to evade any provision of this chapter.
(8) Knowingly combining or conspiring with any person by allowing one’s license to be used by any unlicensed person with the intent to evade this chapter. When a licensee allows his or her license to be used by any firm, partnership, association, or corporation without having any active participation in the operations or management of the firm, partnership, association, or corporation, such act constitutes prima facie evidence of an intent to evade this chapter.
(9) Acting in the capacity of a contractor under any license issued under this chapter except in the name of the licensee as set forth on the issued license.
(c) Upon finding a person, corporation, or business entity engaged in electrical contracting as defined in this chapter to be in violation of any of the provisions contained herein, the board may investigate the activities of licensed and unlicensed contractors. If the board finds that a person, corporation, or business entity is engaged in performing electrical contracting covered by this chapter without having obtained a proper license, the board may do any of the following:
(1) Deny an application for licensure with cause.
(2) Impose an administrative fine of not more than five thousand dollars ($5,000).
(3) Issue a cease and desist order.
(4) Petition the circuit court of the county where the act occurred to enforce the cease and desist order or collect the assessed fine, or both.
(d) Any person aggrieved by any adverse action taken by the board may appeal the adverse action to the circuit court of the county in which the adverse action occurred in accordance with the Alabama Administrative Procedure Act.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §6; Acts 1988, No. 88-129, p. 184, §1; Act 2010-540, p. 932, §1.)
(a) All applicants for licensure as an electrical contractor or journeyman electrician must submit a completed application, application fee, and supportive documentation of qualifications before taking an examination approved by the board. The board shall examine applicants at least once every three months according to the method deemed by the board to be the most appropriate to test the qualifications of applicants. Any national standardized or written examination proctored by an independent third party which the board shall approve as substantially similar to the examination required to be licensed under this chapter may be administered to all applicants in lieu of or in conjunction with any other examination that the board shall give to test the qualifications of applicants. The board may establish norms of achievement required for a passing grade. The board, by rule, may adopt the National Electrical Code for the purpose of examinations.
(b) The board may recognize a license issued by any other state that, in the opinion of the board, has standards of practice or licensure equal to or higher than those required by this state. The board shall actively seek to reciprocate with those states meeting such standards. The board shall actively seek to maintain those states currently under agreement.
(c) No license shall be issued except in compliance with this chapter and none shall be issued except to a person or a person in a firm, partnership, association, or corporation. A firm, partnership, association, or corporation, as such, shall not be licensed. A licensee 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.
(d) Commencing May 15, 2024, no new provisional electrical contractor licenses may be issued by the board. Any person who is holding an active provisional electrical contractor license on May 15, 2024, may continue to apply for the annual renewal of that license by submitting to the board a completed application, application fee, and supportive documentation establishing that he or she holds a valid local license or permit. A local license or permit issued by a county or municipality authorizes the holder to perform electrical contractor tasks and functions only within the boundaries of the issuing county or municipality. The provisional electrical contractor license does not expand the limited geographical boundaries imposed by the local license or permit.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §7; Act 2003-482, p. 1485, §1; Act 2010-540, p. 932, §1; Act 2012-102, p. 175, §3; Act 2024-375, §3.)
(a) All licenses shall expire annually or at other times designated by the board. All applications for renewal of licenses shall be filed with the director prior to the expiration date, accompanied by the annual renewal fee prescribed by the board.
(b) The board is authorized to establish or adopt, or both, education requirements and may approve the program or programs providing education to fulfill the requirements. The board shall set the minimum standards of education. All persons holding an electrical contractor license shall be required to complete 14 hours of continuing education every two years.
(c) The board may promulgate rules regarding the approval of continuing education courses and the accounting for continuing education hours.
(d) Any person licensed by the board may elect an inactive status certificate by notifying the board in writing. The fee for the issuance and renewal of an inactive status certificate shall be established by the board. The board shall provide by rule those activities which an inactive status certificate holder may engage in and for a procedure for the reinstatement as an active status certificate holder.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §8; Act 2010-540, p. 932, §1.)
An expired license for an electrical contractor which has expired for failure to renew may only be restored within five years from the date of expiration after application and payment of the prescribed restoration fee and satisfaction of all continuing education requirements. The restoration fee shall be established by the board and shall be due upon application for restoration. The restoration fee shall be in addition to all accrued renewal fees. Any license which has not been restored within five years following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a cancelled license may apply for and obtain a valid license only upon compliance with all relevant requirements as prescribed by this chapter or by rule for issuance of a new license.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §9; Act 2010-540, p. 932, §1.)
A suspended license is subject to expiration and must be renewed or restored as provided in this chapter during the term of suspension.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §10.)
The board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all active and inactive licenses, and supplying information to applicants, licensees, and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the board as defined in this chapter.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §11.)
Every person holding a license issued by the board shall display it in a conspicuous manner at his or her principal place of business.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §12.)
(a) No person shall engage in the electrical contracting business or perform work as a master or journeyman electrician unless such person shall have received a license from the board or from the county or municipality where the electrical contracting work is being performed; provided, however, the provisions of this chapter shall not apply:
(1) To the installation, construction, or maintenance of power systems for the generation and secondary distribution of electric current constructed under the provisions of the National Electrical Safety Code which regulates the safety requirements of utilities.
(2) To the installation, construction, maintenance, or repair of telephone or signal systems by or for public utilities or their corporate affiliates, when such work pertains to the services furnished by such utilities.
(3) To any technician employed by a municipal franchised CATV system.
(4) To any master or journeyman electrician employed by a state licensee of the board or a licensee of a county or municipality where the contract work is being performed.
(5) To the owner of any premises or an employee of any such owner when performing electrical work or installing, constructing, maintaining, altering, or repairing electrical wiring, equipment, or apparatus on such premises.
(6) To an employee of an electric utility when installing or repairing electric appliances and equipment for a customer.
(7) To any retail merchant, or its employees making the installation of or the repair or maintenance on any appliance that the merchant has sold; or to any modular or manufacturer of the housing industry within the state which is regulated by state and federal governments.
(8) To the installation, construction, or maintenance of systems that operate on 25 volts or less.
(9) To the installation, construction, or maintenance of direct broadcast satellite services.
(b)(1) No license shall be issued by the board without an examination of the applicant for the purpose of ascertaining his or her qualifications for such work, but no such examination shall be required for the annual renewal of such license.
(2) This section shall in no way prohibit the governing authorities of each county and municipality in the State of Alabama from exercising their authority to require any person engaging in the electrical contracting business or performing work as a master or journeyman electrician to stand and attain a passing grade on an examination administered by such county or municipality to evidence their ability and proficiency to engage in the electrical contracting business or to perform work as a master or journeyman electrician within their jurisdiction; provided, however, that any person who holds a valid statewide license issued by the board shall be deemed qualified and, upon satisfactory proof of the license, shall be allowed to perform forthwith electrical work in any county or municipality under the terms and conditions set forth in this chapter, if such person has the proper county or municipal building permit and business license.
(c) All persons performing work under a license issued by the board must abide by all state and local laws and ordinances.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §13; Acts 1988, No. 88-129, p. 184, §1; Act 2010-540, p. 932, §1.)
[Repealed]
Repealed by Act 2010-540, p. 932, §3, effective July 1, 2010.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §14.)
Electrical contracting involves activities affecting the public interest and the health, safety, and welfare of the public. Such activities, when engaged in by a person who is not licensed, are a public nuisance and harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the district court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §15; Act 2010-540, p. 932, §1.)
(a) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person to violate this chapter regulating electrical contracting, and any person convicted of such violation shall be punished as a Class A misdemeanor.
(b) It shall be unlawful, except as otherwise provided, on or after December 31, 2011, for a person not licensed as an electrical contractor to solicit, represent, seek to perform, or perform those tasks and functions that can only be performed by a licensed electrical contractor in accordance with this chapter.
(c) Subsection (b) shall not apply to any person who holds a license or permit issued by a county or municipal government to perform the tasks and functions that can only be performed by a licensed electrical contractor and who performs those tasks and functions within the boundaries of the county or municipality that issued the license or permit.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §16; Act 2010-540, p. 932, §1; Act 2021-272, §2; Act 2024-375, §3.)
There is hereby established a separate fund in the State Treasury to be known as the Alabama Board of Electrical Contractors Fund. All money derived under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Such fund shall be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the director of the board; provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, and only in amounts as stipulated in the general appropriation or other appropriation bills. Any funds unspent and unencumbered at the end of any state fiscal year in excess of one hundred thousand dollars ($100,000) shall be transferred into the State General Fund on or before January 15 of the succeeding year. In addition, there is hereby appropriated from the Alabama Board of Electrical Contractors Fund to the Alabama Board of Electrical Contractors the amount necessary to repay the State General Fund for any and all amounts expended therefrom and such repayment to the State General Fund shall be made as soon as funds are available.
(Acts 1985, 2nd Ex. Sess., No. 85-921, p. 201, §17; Act 2010-540, p. 932, §1.)
This chapter shall not be construed as authorizing the employment of statewide electrical inspectors.
(Act 2010-540, p. 932, §2.)
For purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires a different meaning:
(1) APPRENTICE GAS FITTER OR PLUMBER. A person other than a master or journeyman gas fitter or plumber, who is engaged in learning and assisting in the installation of gas pipe, equipment, apparatus, and appliances, and shall work directly under the supervision of a journeyman or master gas fitter or plumber, and who has successfully fulfilled the registration requirements of the board and has been duly registered by the board as such for the current year. The apprentice shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(2) BOARD. The State of Alabama Plumbers and Gas Fitters Examining Board as renamed by this chapter. The board shall examine, certify, and regulate plumbers, gas fitters, and medical gas piping fitters on a statewide basis pursuant to this chapter.
(3) CERTIFICATION. The process of testing at the state level to determine the knowledge and skill of an individual with respect to plumbing and gas fitting, and the issuing of certificates to indicate that an individual has passed the examination.
(4) GAS FITTING, GAS SYSTEMS, or GAS WORK. The installation, repair of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas for residential or commercial use from the point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation, including all gas fitting work further defined by any board rules and all codes currently adopted by the board. This chapter shall not be construed to prevent any contractor certified by the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors from installing, replacing, or performing service or repair on natural gas fired air heating/cooling appliances, excluding piping to them provided the installing contractor has a valid certificate issued by the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors.
(5) JOURNEYMAN GAS FITTER. Every person who engages in or works at the actual installation, repair, or replacement of gas work, who has successfully fulfilled the examination requirements of the board, has been issued a journeyman gas fitter certificate by the board, and possesses a valid and current annual certificate issued by the board. The journeyman gas fitter shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(6) JOURNEYMAN PLUMBER. Any person who engages in or works at the actual installation, repair, or replacement of plumbing systems, who has successfully fulfilled the examination requirements of the board, has been issued a journeyman plumber certificate by the board, and possesses a valid and current annual certificate issued by the board. The journeyman plumber shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request.
(7) MASTER GAS FITTER. Any person or legal entity that engages in or works at the actual installation, repair, or replacement of gas systems, that has successfully fulfilled the examination requirements of the board, that has been issued a master gas fitter certificate by the board, and that possesses a valid and current annual certificate issued by the board. The master gas fitter shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request. This person may at any time register with the board as principal for any business, firm, or corporation.
(8) MASTER PLUMBER. Any person or legal entity that engages in or works at the actual installation, repair, or replacement of plumbing systems, that has successfully fulfilled the examination requirements of the board, has been issued a master plumber certificate by the board, and that possesses a valid and current annual certificate issued by the board. The master plumber shall have in his or her possession a current annual certificate. The certificate shall be available for inspection on request. This person may at any time register with the board as principal for any business, firm, or corporation.
(9) MEDICAL GAS PIPING. Piping used solely to transport gases used for medical purposes.
(10) MEDICAL GAS PIPING FITTER. A master plumber or master gas fitter who holds a current certificate for installation of medical gas piping. A journeyman plumber, journeyman gas fitter, apprentice plumber, or apprentice gas fitter who holds a current certificate for installation of medical gas piping shall be entitled to install medical gas piping under the direction of a master plumber or master gas fitter whose certificate entitles him or her to install medical gas piping. An apprentice plumber or apprentice gas fitter who holds a current certificate for medical gas piping shall at all times be under the direct supervision of either a master or journeyman who also holds a current certificate. The medical gas piping fitter shall have in his or her possession a current annual certificate issued by the board. The certificate shall be available for inspection on request.
(11) PERSON or PERSONS. Any individual, apprentice plumber, apprentice gas fitter, corporation, professional corporation, limited liability company, or other legal entity, or any combination thereof.
(12) PLUMBING, PLUMBING SYSTEMS, or PLUMBING WORK. All work associated with the installation, repair, or replacement of pipes, fixtures, or other apparatus necessary either for supplying water or for removing liquid or waterborne waste located on private property. The term is also used to denote installed fixtures, backflow prevention devices, drainage, vents, and water distribution systems located on private property, and all plumbing work further defined by board rules and all codes currently adopted by the board, with the exception of work allowed by this chapter.
(13) PRINCIPAL. The individual responsible for the contracting, superintending, installation, maintenance, or repair of plumbing or gas fitting systems, or both, for any legal entity, who is actively and continuously connected with the conduct of the business, and is responsible to the board for those responsibilities. The individual shall qualify to be a certified master gas fitter or a certified master plumber, or both. In addition, a principal must meet the following requirements:
a. At least one active employee of the legal entity shall be a duly registered and certified master gas fitter or plumber as defined in this section, actively and continuously connected with the conduct of the business and registered with the board as the principal of the business.
b. The principal master gas fitter or master plumber shall have in his or her possession a current annual certificate issued by the board. The certificate shall be available for the inspection on request.
(14) REGISTRATION. The process of application with the board with regard to apprentice plumbers, apprentice gas fitters, all corporations, professional corporations, limited liability companies, and all other legal entities engaging in the business of plumbing or gas fitting, or both, within the State of Alabama.
(15) RESIDENTIAL DWELLING. Any structure, dwelling, or unit covered by the scope of the International Residential Code.
(16) RESIDENTIAL JOBSITE. A residential jobsite shall mean up to three structures located within a phase of a subdivision where the residential dwellings abut or are located adjacent to one another or where the residential dwellings are located on the same or intersecting streets. A residential jobsite shall also mean up to eight attached residential dwellings located under one roof assembly.
(Acts 1987, No. 87-812, p. 1616, §1; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)
(a) The Plumbers Examining Board as created by Act No. 529 of the 1949 Regular Session of the Legislature (Acts 1949, p. 827), as amended, is renamed the State of Alabama Plumbers and Gas Fitters Examining Board and the authority of the board is expanded to allow the board to examine, certify, and regulate plumbers, gas fitters, and medical gas piping fitters on a statewide basis. The board may make and enforce rules adopted in accordance with Chapter 22 of Title 41, the Alabama Administrative Procedure Act.
(b) The board is authorized to expend funds for purposes of public awareness of the board and its rules and regulations to include advertising, promotional materials, event exhibiting, and other means approved by the board.
(Acts 1987, No. 87-812, p. 1616, §2; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, §1.)
The board members serving on January 1, 2011, shall continue to serve on the board until successor board members are appointed and qualified. Appointments shall be subject to confirmation by the Senate. Commencing on March 26, 2012, as the term of office of a member serving on the board expires, the member shall continue to serve on the board until a successor board member is appointed and qualified. The Governor shall designate the length of term for each of his or her appointees not to exceed four years. The board shall always be composed of the following members: One member appointed by the Governor shall be a master plumber as defined by this chapter; one member appointed by the Governor shall be a master plumber as defined by this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman plumber as defined by this chapter; one member appointed by the Governor shall be a registered professional engineer licensed by the State Board of Registration of Professional Engineers and Land Surveyors as provided in Article 2 of Chapter 11, or any subsequent act relating to the licensing of professional engineers; one member appointed by the Governor shall be a municipal or county building official; one member appointed by the Governor shall be a master gas fitter as defined in this chapter; one member appointed by the Governor shall be a master gas fitter as defined in this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman gas fitter as defined in this chapter; and one member appointed by the Governor shall be appointed from the public at large. The member representing the public at large shall not be engaged or otherwise connected to the plumbing or gas industry or the installation of plumbing or gas work nor connected with any person, firm, or corporation handling or dealing in material, fixtures, or appliances connected with plumbing or gas work. Each member of the board shall be a resident of this state and appointments to the board shall be coordinated to assure that the membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(Acts 1987, No. 87-812, p. 1616, §3; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-797, p. 1502, §3; Act 2000-230, p. 365, §3; Act 2008-148, p. 240, §3; Act 2010-147, p. 213, §3; Act 2012-101, p. 173, §3; Act 2022-284, §1.)
(a) The board shall meet when necessary for the proper performance of its duties, but in no case less than once a year. Meetings shall be held at places in the state as the board deems necessary. At its first meeting next following May 2, 1989, and every two years thereafter, the board shall organize itself by electing from its membership a chair, vice-chair, and a recording secretary. The board shall appoint, employ, or contract with an executive director for the board, and may appoint, employ, or contract with a deputy director, neither of whom shall be subject to the state Merit System. The executive director shall serve as treasurer of the board, but the deputy director may serve as treasurer of the board in the absence of the executive director or when otherwise directed by the board. The executive director and the deputy director shall not be a member of the board and shall not be engaged or otherwise connected with the plumbing or gas fitting industry. The board shall set the compensation of the executive director and the deputy director in accordance with regulations of the State Personnel Board. Four members of the board shall constitute a quorum for transacting business. Each member of the board shall receive as compensation for services the sum of two hundred dollars ($200) per day for each day spent in active service for the board. In addition to per diem compensation, each board member shall be reimbursed for any necessary expense incurred in performing duties as a board member. The expenses allowable to each board member shall not exceed the per diem amount of state travel expenses allowed by law, from time to time, for state employees traveling on state business. Employees of the board shall also be entitled to reimbursement for traveling expenses incurred when traveling on official board business at the rate for state employees traveling on state business. The board may employ or contract for stenographic or clerical help and compliance officers when needed, and may purchase necessary office supplies, equipment, and services.
(b) The compensation and expense provided for in this section, and all other authorized expenses, shall be payable solely from fees collected by or on behalf of the board. In no event shall any expense incurred by the board be charged against any funds of the State of Alabama other than the funds collected under this chapter.
(Acts 1987, No. 87-812, p. 1616, §4; Acts 1989, No. 89-406, p. 858, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1997, No. 97-718, p. 1488, §1; Act 2015-496, §1.)
(a) There is established a separate special revenue trust fund in the State Treasury to be known as the State of Alabama Plumbers and Gas Fitters Examining Board Fund. All receipts collected by the board under this chapter shall be deposited in this fund and used only to carry out this chapter. The fund shall be disbursed only by warrant of the state Comptroller upon the State Treasury upon itemized vouchers approved by the executive director of the board or, in the absence of the executive director, by the deputy director. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, as amended, and only in amounts as stipulated in the general appropriation bill or other appropriation bills. All money remaining at the end of the fiscal year which exceeds 25 percent of the board’s budget for the previous year shall be transferred to the 501(c)(3) nonprofit Alabama Home Builders Foundation to be used exclusively for classroom training tools at educational facilities that provide plumbing and gas fitting curriculums to include any program approved or accredited by the State of Alabama, the United States federal government, or the board. If at any time the Alabama Home Builders Foundation should lose its nonprofit status, those funds shall be transferred to the State General Fund.
(b) The executive director and the deputy director of the board shall, before entering upon the duties of their office, 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 bond shall be paid out of the funds of the board, and the bond shall be executed by an approved bonding fidelity or guaranty company qualified to do business in Alabama and acceptable to the Secretary of State.
(Acts 1987, No. 87-812, p. 1616, §5; Acts 1989, No. 89-406, p. 858, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1996, No. 96-712, p. 1186, §1; Acts 1996, No. 96-797, p. 1503, §3.)
(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.
(Acts 1987, No. 87-812, p. 1616, §6; Acts 1988, No. 88-132, p. 190, §3; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Acts 1995, No. 95-212, p. 347, §1; Acts 1996, No. 96-795, p. 1496, §1; Acts 1997, No. 97-718, p. 1488, §1; Act 2008-148, p. 240, §3; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)
The board may set a ratio of apprentice plumbers and apprentice gas fitters working under the supervision of any journeyman or master plumber or gas fitter; provided, the ratio shall be not less than three apprentices to any one journeyman or master plumber or gas fitter for those individuals working on non-residential jobsites and not less that five apprentices to any one journeyman or master plumber or gas fitter for those individuals working on residential jobsites.
(Act 2022-284, §2.)
Any person who fails to pass an examination may, upon reapplication and payment of the regular examination fee, be reexamined at any subsequent examination given by the board.
(Acts 1987, No. 87-812, p. 1616, §7; Acts 1989, No. 89-406, p. 858, §3.)
(a) Any person who holds a certificate issued by the board shall be issued statewide certification upon the annual renewal of their existing certificate.
(b) Any certificate issued by the board shall be acceptable by any city, town, or county in the state and any existing local statute or ordinance contrary to this section is repealed, and no other competency certification or examination shall be required of plumbers, gas fitters, or medical gas piping fitters by any local governmental entity.
(c) Any current registration or annual certificate issued to any individual by the board shall be in possession of the individual at any time he or she engages in or proposes to engage as a master, journeyman, or apprentice plumber, gas fitter, or medical gas piping fitter, as the case may be, and upon request he or she shall make the certificate or registration available for inspection and identification by any person or persons for whom he or she engages or proposes to engage as such, and for identification by plumbing, gas, or other authorized enforcement personnel of any governmental entity, board, or agency when requested.
(d) The board, by rule, may adopt continuing education requirements for licensees and may develop and produce courses, approve continuing education courses and providers, and set those fees necessary to administer these requirements.
(Acts 1987, No. 87-812, p. 1616, §8; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)
The board shall set the necessary fees to administer the requirements of this chapter and when adopted, such fee schedule shall be in lieu of any fee schedule heretofore prescribed by the board. The board shall not change the fee schedule to be effective in the middle of a calendar year.
The certificates or registrations provided for herein shall be issued by the board upon the payment of the prescribed fees. All annual certificates or registrations shall expire on December 31 of the year in which they are issued. The certificate fees herein prescribed shall be in addition to all privilege or license taxes otherwise levied. Certificates or registrations renewed after December 31 shall include the late renewal penalty established by the board.
All applicants requesting replacement of lost or stolen certificates shall be required to pay a reissuance fee based on the regular fee schedule.
All individuals serving in the armed forces will not be required to pay any back years for a renewal certificate during the calendar year he or she is released from active military duty.
All other individuals shall pay back years and prescribed penalties as set forth by rules of the board.
Any requests for waiver of back years and penalties shall be reviewed and considered by the board. The board shall vote to approve or disapprove each request.
(Acts 1987, No. 87-812, p. 1616, §9; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2015-496, §1.)
[Repealed]
Repealed by Act 2015-496 effective September 1, 2015.
(Acts 1987, No. 87-812, p. 1616, §10; Acts 1989, No. 89-406, p. 858, §3.)
The board may establish reciprocal agreements with any other state licensing or certifying board which recognizes, as a minimum, the standards prescribed by the board, and may allow certified plumbers and gas fitters to receive a certificate in this state without taking examinations if the plumber or gas fitter is currently licensed in the reciprocating state and upon the payment of the prescribed fees.
(Acts 1987, No. 87-812, p. 1616, §11; Act 2015-496, §1.)
(a) The board may revoke or suspend any certificate or registration if obtained through concealment, misstatement, or misrepresentation of any material fact in the application for such certificate. The board may discipline any person as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand dollars ($2,000) for each violation. The board may also order restitution. Before a certificate or registration may be suspended or revoked, the holder thereof shall have notice in writing, enumerating the charges against him or her, and be entitled to a hearing by the board not sooner than five days from receipt of notice. The holder of the certificate or registration shall be given an opportunity to present testimony, oral or written, and right of cross-examination and representation by counsel. All testimony shall be given under oath. The board may administer oaths, issue subpoenas, and compel the attendance of witnesses.
(b) A certificate holder who has either entered into an agreement with the board regarding the resolution of a violation or other disciplinary action, or who has been ordered by the board to comply with the terms of a disciplinary judgment, shall satisfy all terms and conditions of the agreement or order and shall comply with the terms of a disciplinary judgment, including the payment of all fines, fees, restitution, and penalties, before recertification is granted or renewed.
(c) The decision of the board shall be based on the evidence produced at the hearing and made a part of the record thereof. The board may suspend any certificate or registration up to one year or may revoke the certificate or registration. The person whose certificate or registration has been revoked shall not be permitted to apply for a certificate or registration for one year from the date of revocation. No certification or registration shall be suspended or revoked unless the majority of the board members concur. Board procedure shall be the same as defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed, provided that any additional procedures are published and made public and are not in conflict with state law.
(Acts 1987, No. 87-812, p. 1616, §12; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2015-496, p. 1764, §1; Act 2022-284, §1.)
[Repealed]
Repealed by Act 2015-496 effective September 1, 2015.
(Acts 1987, No. 87-812, p. 1616, §13.)
(a) No person who has obtained a certificate or registration shall allow his or her name to be used by another person, either for the purpose of obtaining permits, or doing business or work under his or her certificate or registration; and every person certified or registered shall notify the board of the address of his or her residence and place of business and the name under which such business is carried on, and shall give written notice within 30 days to the board of any change in either.
(b) Before any individual certified by the board engages in the business of master plumber and/or master gas fitter, he or she shall notify the board of the address of the place of business he or she engages in as such and the name under which such business is carried on and shall give written notice within 30 days of any change in either. All information required by this section shall be furnished on a business certification form furnished by the board.
(c) Any current certified or registered individual who does not intend to engage in the business of plumbing or gas fitting, as defined in this chapter, shall complete an inactive status affidavit obtained from the board. Any individual in inactive status must renew annually by remitting the annual inactive renewal fee set in the fee schedule.
(d) Code officials who hold a certification with the board and wish to be inactive shall be exempt from all renewal fees and re-examination requirements.
(e) Any individual in inactive status who wishes to reinstate active status shall complete an active status affidavit obtained from the board and remit all prescribed fees prior to re-engaging in plumbing or gas fitting, or both.
(Acts 1987, No. 87-812, p. 1616, §14; Acts 1989, No. 89-406, p. 858, §3; Act 2015-496, §1.)
(a) The following acts, work, and conduct may be performed by anyone, without registration or certificate, provided, however, that all work and services herein named or referred to shall be subject to an inspection and approval in accordance with the terms of all state laws and applicable municipal ordinances:
(1) Plumbing work performed by anyone who is regularly employed or acting as a maintenance person incidental to and in connection with the business in which he or she is employed and engaged, provided the plumbing work is performed on the premises of the employer, and who does not engage in the occupation of a plumber for the general public.
(2) Plumbing work performed upon the premises or equipment of a railroad or other businesses or industry, by an employee thereof who does not engage in the occupation of a plumber for the general public.
(3) Plumbing or gas fitting work performed, not on private property, with the exception of easements, by persons engaged by or employed by any public utility company in the laying, maintenance, and operation of its service mains or lines and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, and equipment provided such work does not alter gas piping on consumer side of meter.
(4) Any person engaged solely in the testing of backflow devices.
(5) Plumbing work performed by a property owner in or about a building owned or occupied by the owner.
(6) Any person may install washing machines to existing piping installation or waste lines, provided such plumbing work does not necessitate tying into waste or sewer lines on the outlet side of the trap.
(b) This chapter does not apply to any plumbing work performed by a property owner in or about a building owned or occupied by him or her, or plumbing work performed by anyone who is regularly employed by the property owner to provide maintenance or other repair services if the work is incidental to and in connection with the property for which he or she is employed and engaged and is done on the premises of the employer.
(Acts 1987, No. 87-812, p. 1616, §15; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §1(7); Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2011-152, p. 282, §3; Act 2015-496, §1.)
(a) No person shall use nor allow their certificate to enable anyone other than the certificate holder and his or her employees directly supervised by the certificate holder to perform plumbing or gas fitting. Local officials may require the certificate holder to be present if any problems develop on the work.
(b) No certificate issued by the board can be sold or transferred. Any certificate which is misused may be revoked by the board.
(Acts 1987, No. 87-812, p. 1616, §16; Acts 1989, No. 89-406, p. 858, §3.)
(a) The board shall have the administrative authority to discipline or require a certificate holder to attend training specific to violations. The board has the authority to levy civil fines or penalties to any registered apprentice, certificate holder, or legal entity registered by the board for a violation of any provision of this chapter regulating plumbers, gas fitters, or medical gas pipe fitters up to two thousand dollars ($2,000) per violation and actual hearing cost.
(b) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person or legal entity engaged in any activity, conduct, or practice constituting a violation of this chapter, directing the person or legal entity to forthwith cease and desist from the activity, conduct, practice, or performance of any work then being performed or about to be commenced.
(c) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person or legal entity to violate any provision of this chapter regulating plumbers, gas fitters, or medical gas piping fitters. Any person convicted of such violation shall be punished as prescribed for a Class A misdemeanor.
(Acts 1987, No. 87-812, p. 1616, §17; Acts 1989, No. 89-406, p. 858, §3; Acts 1996, No. 96-795, p. 1496, §1; Act 2015-496, §1; Act 2021-272, §2.)
(a) The board shall keep a record of its proceedings.
(b) The records of the board shall be evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the executive director of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(c) Board records and papers of the following class are of a confidential nature and not public record: Examination material for examinations not yet given; exam scores; letters of inquiry and reference concerning applicants; board inquiry forms concerning applicants; pending or closed complaints and investigative files which shall remain confidential until an actual formal hearing may commence; and all other materials of like confidential nature.
(Act 2015-496, §2.)
All laws or parts of laws which conflict with this act are hereby repealed and Act No. 529, H. 977, 1949 Regular Session (Acts 1949, p. 827), is hereby specifically repealed.
(Acts 1987, No. 87-812, p. 1616, §18; Acts 1989, No. 89-406, p. 858, §3.)
For the purposes of this chapter, the following terms shall have the meaning respectively ascribed to them by this section, unless the context clearly provides for another:
(1) DENTIST. Any person who is a dentist or dental practitioner pursuant to the definition of Section 6-5-481, as amended.
(2) PHARMACIST. Any person who is a pharmacist as defined in Section 34-23-1, as amended, and pharmacy externs and interns registered by the Board of Pharmacy under Rule 680-X-2-.16 of the Alabama Administrative Code.
(3) BOARDS. Individually and/or jointly: The Board of Dental Examiners and the Board of Pharmacy.
(4) COMMITTEE. The Alabama Impaired Professionals’ Committee.
(5) HYGIENIST. Any person who is a hygienist pursuant to the provisions of Sections 34-9-26 and 34-9-27.
(Acts 1988, No. 88-334, p. 505, §1; Acts 1989, No. 89-860, p. 1713, §1.)
It shall be the duty and obligation of the State Board of Dental Examiners and the State Board of Pharmacy to promote the early identification, intervention, treatment, and rehabilitation of individuals within the respective jurisdiction, licensed to practice in the State of Alabama, who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependent forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession. For the purposes of this chapter, the term “impaired” shall mean the inability of a dentist, hygienist, or pharmacist to practice with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependent forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession. In order to carry out this obligation, each board, individually or jointly, is hereby empowered to contract with any nonprofit corporation, health provider, or professional association for the purpose of creating, supporting, and maintaining a committee of professionals to be designated the Alabama Impaired Professionals’ Committee. The committee shall consist of not less than three nor more than 15 professionals licensed to practice dentistry or pharmacy in the State of Alabama, and selected in a manner prescribed by the board or boards. The authority of the Alabama Impaired Professionals’ Committee shall not supersede the authority of the board or boards to take disciplinary action against individuals subject to this chapter. Nothing in this chapter shall limit the power and authority of the board or boards to discipline an impaired individual subject to its jurisdiction; provided that where an individual is impaired and currently in need of intervention, treatment, or rehabilitation and such individual is currently participating in programs or rehabilitation recommended by the committee, then in its discretion, the board or boards may refrain from taking or continuing disciplinary action against such individual; and further provided that where the board or boards, upon reasonable cause to believe an individual subject to its jurisdiction is impaired, has referred such individual to the committee for evaluation, then in its discretion, the board or boards may refrain from taking or continuing disciplinary action against such individual. The board, or boards, may collect or expend such funds as are available to it as deemed necessary to adequately provide for the operational expenses of the Alabama Impaired Professionals’ Committee, including, but not limited to, the actual cost of travel, office overhead and personnel expense, and compensation for the members of the committee and its staff; provided that operational expenses of the Alabama Impaired Professionals’ Committee shall not include the cost of treatment or rehabilitation programs recommended by the committee to individuals subject to this chapter. The funds provided by the board or boards, under this section for the purposes stated herein shall not be subject to any provision of law requiring competitive bidding.
(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §2; Act 2013-252, p. 626, §1; Act 2018-274, §1.)
The board or boards shall have the authority to enter into an agreement with a nonprofit corporation, health provider, or professional association for the Alabama Impaired Professionals’ Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) Receiving and evaluating reports of suspected impairment from any source;
(3) Intervening in cases of verified impairment;
(4) Referring impaired professional to treatment programs;
(5) Monitoring the treatment and rehabilitation of impaired professional;
(6) Providing post-treatment monitoring and support of rehabilitated impaired professional; and
(7) Performing such other activities as agreed upon by the respective board or boards and the Alabama Impaired Professionals’ Committee.
(Acts 1988, No. 88-334, p. 505, §2.)
The Alabama Impaired Professionals’ Committee shall develop procedures in consultation with such board or boards for:
(1) Periodic reporting of statistical information regarding impaired professional program activity;
(2) Periodic disclosure and joint review of such information as the board or boards may deem appropriate regarding reports received, contracts or investigations made and the disposition of each report, provided, however, that the committee shall not disclose any personally identifiable information except as provided in Section 34-38-7.
(Acts 1988, No. 88-334, p. 505, §2.)
Any dentist licensed to practice in the State of Alabama, or pharmacist, who shall be duly appointed to serve as a member of the Alabama Impaired Professionals’ Committee and any auxiliary personnel, consultants, attorneys, or other employees of the committee shall not be liable to any person for any claim for damages as a result of any decision, opinion, investigation, or action taken by the committee or any individual member of the committee made by him or her within the scope of his or her function as a member of the committee if such decision, opinion, investigation, or action was taken without malice and on a reasonable belief that such action or recommendation was warranted by the facts that were then available. No nonprofit corporation, professional association, health provider, or state or county association that contracts with, or receives funds from, board or boards for the creation, support, and operation of the Alabama Impaired Professionals’ Committee shall be liable to any person for any claim for damages for any action taken or recommendation made by the Alabama Impaired Professionals’ Committee, or any member thereof, or any auxiliary personnel, consultant, attorney, or employee of such committee.
(Acts 1988, No. 88-334, p. 505, §2.)
All information, interviews, reports, statements, memorandums, or other documents furnished to or produced by the Alabama Impaired Professionals’ Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other related proceedings of such committee are declared to be privileged and confidential. All records and proceedings of such committee shall be confidential and shall be used by such committee, the members thereof, and the boards, only in the exercise of the proper functions of the committee and the boards, and shall not be public records nor available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Impaired Professionals’ Committee.
(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §3.)
It shall be the duty of the Alabama Impaired Professionals’ Committee to render an annual report to each board or boards, concerning the operations and proceedings of the committee for the preceding year. In addition, the committee shall promptly report to the respective boards any individual within their jurisdiction who, in the opinion of the committee is unable to practice the standards of his or her profession with reasonable skill and safety to patients, by reason of illness, inebriation, excessive use of drugs, controlled substances, narcotics, alcohol, chemicals, or other dependency forming substances, or as a result of any physical or mental condition rendering such person unable to meet the standards of his or her profession and appears that such individual is currently in need of intervention, treatment, or rehabilitation. A report to the Alabama Impaired Professionals’ Committee shall be deemed to be a report to the board or boards for the purposes of any mandated reporting of professional impairment otherwise provided for by the statutes of this state.
(Acts 1988, No. 88-334, p. 505, §2; Acts 1989, No. 89-860, p. 1713, §4.)
If the board or boards has reasonable cause to believe that a professional is impaired, such board may cause an evaluation of such professional to be conducted by the Alabama Impaired Professionals’ Committee, for the purpose of determining if there is an impairment. The Alabama Impaired Professionals’ Committee shall report the findings of its evaluation to the respective board or boards.
(Acts 1988, No. 88-334, p. 505, §2.)
This chapter shall be known and may be cited as the “Alabama State Occupational Therapy Practice Act.”
(Acts 1990, No. 90-383, p. 515, §1.)
The Alabama State Occupational Therapy Practice Act is enacted to safeguard the public health, safety, and welfare, and to assure the availability of high quality occupational therapy services to persons in need of such services. It is the purpose of this chapter to provide for the regulation of persons offering themselves as occupational therapists or as occupational therapy assistants.
(Acts 1990, No. 90-383, p. 515, §2.)
In this chapter, the following terms shall have the respective meanings provided in this section unless the context clearly requires a different meaning:
(1) ASSOCIATION. The Alabama Occupational Therapy Association.
(2) BOARD. The Alabama State Board of Occupational Therapy.
(3) LICENSE. A valid and current certificate of registration issued by the Alabama State Board of Occupational Therapy.
(4) OCCUPATIONAL THERAPY.
a. The practice of occupational therapy means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. The practice of occupational therapy includes:
(i) Client factors, including body functions, such as neuromusculoskeletal, sensory-perceptual, visual, mental, cognitive, and pain factors; body structures such as cardiovascular, digestive, nervous, integumentary, genitourinary systems, and structures related to movement; values, beliefs, and spirituality.
(ii) Habits, routines, roles, rituals, and behavior patterns.
(iii) Physical and social environments, cultural, personal, temporal, and virtual contexts, and activity demands that affect performance.
(iv) Performance skills, including motor and praxis, sensory-perceptual, emotional regulation, cognitive, communication, and social skills.
(i) Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or is in decline.
(ii) Compensation, modification, or adaptation of activity or environment to enhance performance, or to prevent injuries, disorders, or other conditions.
(iii) Retention and enhancement of skills or abilities without which performance in everyday life activities would decline.
(iv) Promotion of health and wellness, including the use of self-management strategies, to enable or enhance performance in everyday life activities.
(v) Prevention of barriers to performance and participation, including injury and disability prevention.
(i) Therapeutic use of occupations, exercises, and activities.
(ii) Training in self-care, self-management, health management and maintenance, home management, community/work reintegration, and school activities and work performance.
(iii) Development, remediation, or compensation of neuromusculoskeletal, sensory-perceptual, visual, mental, and cognitive functions, pain tolerance and management, and behavioral skills.
(iv) Therapeutic use of self, including one’s personality, insights, perceptions, and judgments, as part of the therapeutic process.
(v) Education and training of individuals, including family members, caregivers, groups, populations, and others.
(vi) Care coordination, case management, and transition services.
(vii) Consultative services to groups, programs, organizations, or communities.
(viii) Modification of environments, including home, work, school, or community, and adaptation of processes, including the application of ergonomic principles.
(ix) Assessment, design, fabrication, application, fitting, and training in seating and positioning, assistive technology, adaptive devices, training in the use of prosthetic devices, orthotic devices, and the design, fabrication and application of selected splints or orthotics.
(x) Assessment, recommendation, and training in techniques to enhance functional mobility, including management of wheelchairs and other mobility devices.
(xi) Low vision rehabilitation when the patient or client is referred by a licensed optometrist, a licensed ophthalmologist, a licensed physician, a licensed assistant to physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician.
(xii) Driver rehabilitation and community mobility.
(xiii) Management of feeding, eating, and swallowing to enable eating and feeding performance.
(xiv) Application of physical agent modalities, and use of a range of specific therapeutic procedures such as wound care management, interventions to enhance sensory-perceptual and cognitive processing, and manual therapy, all to enhance performance skills.
(xv) Facilitating the occupational performance of groups, populations, or organizations through the modification of environments and the adaptation of processes.
b. An occupational therapist or occupational therapy assistant is qualified to perform the above activities for which they have received training and any other activities for which appropriate training or education, or both, has been received. Notwithstanding any other provision of this chapter, no occupational therapy treatment programs to be rendered by an occupational therapist, occupational therapy assistant, or occupational therapy aide shall be initiated without the referral of a licensed physician, a licensed chiropractor, a licensed optometrist, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, a licensed psychologist, or a licensed dentist who shall establish a diagnosis of the condition for which the individual will receive occupational therapy services. In cases of long-term or chronic disease, disability, or dysfunction, or any combination of the foregoing, requiring continued occupational therapy services, the person receiving occupational therapy services shall be reevaluated by a licensed physician, a licensed chiropractor, a licensed optometrist, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, a licensed psychologist, or a licensed dentist at least annually for confirmation or modification of the diagnosis. Occupational therapists performing services that are not related to injury, disease, or illness that are performed in a wellness or community setting for the purposes of enhancing performance in everyday activities are exempt from this referral requirement. Occupational therapists employed by state agencies and those employed by the public schools and colleges of this state who provide screening and rehabilitation services for the educationally related needs of the students are exempt from this referral requirement.
c. Nothing in this chapter shall be construed as giving occupational therapists the authority to examine or diagnose patients or clients for departures from the normal of human eyes, visual systems or their adjacent structures, or to prescribe or modify ophthalmic materials including, but not limited to, spectacles, contacts, or spectacle-mounted low vision devices.
(5) OCCUPATIONAL THERAPIST. A person licensed to practice occupational therapy whose license is in good standing.
(6) OCCUPATIONAL THERAPY ASSISTANT. A person licensed to assist in the practices of occupational therapy under the supervision of, or with the consultation of, a licensed occupational therapist whose license is in good standing.
(7) OCCUPATIONAL THERAPY AIDE. A person who assists in the delivery of occupational therapy, who works under direct on-site supervision of an occupational therapist or occupational therapy assistant, or both, and whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy. No activity listed under paragraph a. of subdivision (4) may be performed by an occupational therapy aide.
(8) PERSON. A human person only, not a legal entity.
(9) WITH THE CONSULTATION OF. The collaboration of two or more persons on a regularly scheduled basis for the purpose of planning, review, or evaluation of occupational therapy services.
(Acts 1990, No. 90-383, p. 515, §3; Acts 1995, No. 95-279, p. 502, §3; Act 99-92, p. 108, §3; Act 2003-62, p. 96, §3; Act 2013-309, §1.)
(a) No person may present himself or herself as an occupational therapist or an occupational therapy assistant in this state unless he or she is licensed in accordance with this chapter. No firm, partnership, association, or corporation may advertise or otherwise offer to provide or convey the impression that it is providing occupational therapy unless an individual holding a current valid license or limited permit under this chapter is or will at the appropriate time be rendering the occupational therapy services to which reference is made.
(b) It is unlawful for any person not licensed as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use in connection with his or her name or place of business the words “occupational therapist,” “licensed occupational therapist,” “occupational therapy assistant,” “licensed occupational therapy assistant,” or the letters “O.T.,” “L.O.T.,” “O.T.R./L.,” “O.T.A.,” “L.O.T.A.,” “C.O.T.A./L.,” thereby indicating or implying that he or she is qualified to practice in this state as a licensed occupational therapist or a licensed occupational therapy assistant. At the discretion of the licensee, academic credentials including MS, OTR/L to indicate a master’s degree, and OTD to indicate a clinical doctorate, may also be used in conjunction with the licensure acronyms. It is unlawful also for any person not licensed under this chapter to show in any other way, orally, in writing, in print, or by sign, directly or by implication that he or she is engaged in performing occupational therapy services.
(Acts 1990, No. 90-383, p. 515, §4; Act 2013-309, p. 1041, §1.)
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons:
(1) Any person licensed under any other law of the state from engaging in the profession for which he or she is licensed.
(2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed.
(3) Any person pursuing a course of study leading to a degree in occupational therapy at an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
(4) Any person fulfilling the supervised fieldwork experience requirements of subdivision (2) of Section 34-39-8.
(Acts 1990, No. 90-383, p. 515, §5; Acts 1995, No. 95-279, p. 502, §3; Act 2013-309, p. 1041, §1.)
(a) There is established the Alabama State Board of Occupational Therapy.
(1) The board shall consist of five members, four of whom shall be involved in the practice of occupational therapy, of which one shall be an occupational therapy assistant. The remaining member shall be a member of another health profession or a member of the public with an interest in the rights or the concerns of health services. Each member of the board shall be a citizen of this state. The occupational therapy board members shall be appointed by the Governor from a list submitted by the Alabama Occupational Therapy Association. In appointing members to the board, the association and the Governor, to the extent possible, shall select those persons whose appointments ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state. Those board members who are occupational therapists, of which one shall be a minority, and occupational therapy assistants shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least three years, and shall at all times be holders of valid licenses for the practice of occupational therapy in Alabama. Except for the members in the initial board, all members who are occupational therapists and occupational therapy assistants shall fulfill the requirements for licensure pursuant to this chapter. Terms of appointment for the initial board members shall be as follows: Two members shall serve a one-year term; two members shall serve a two-year term; and one member shall serve a three-year term.
(2) The board shall, within 90 days after April 17, 1990, be selected as provided in subdivision (1). At the expiration of the initial terms, board members shall be appointed in the same manner as initial appointments, each for a period of three years. No person shall be appointed to serve more than three consecutive terms.
(3) Terms shall begin on the first day of the calendar year and end on the last day of the calendar year, or until successors are appointed, except for the initial members who shall serve through the last calendar day of the year in which they are appointed before the commencement of the terms prescribed by subdivision (1).
(4) Within 45 days after April 17, 1990, and annually thereafter, the association shall submit two or three names for each position on the board to be filled. In the event of a midterm vacancy in one of the positions on the board, the Governor shall appoint a member to fill the unexpired term from a list submitted by the association in the same manner as provided in subdivision (1).
(5) The Governor, after notice and opportunity for hearing by the board, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of the license of the member, or other dishonorable conduct. After removal, the Governor shall appoint a successor to the unexpired term from a list of two or three names submitted by the association.
(6) The board shall elect from its membership a chairperson, a secretary, and a treasurer. A majority of the members of the board shall constitute a quorum. The board shall meet during the first month of the calendar year to select officers. No board member may hold the same position as an officer of the board for more than two consecutive years. At least one additional meeting shall be held before the end of the calendar year. Further meetings may be convened at the call of the chairperson, or on the request of any three board members.
(7) Members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties in accordance with the laws of the State of Alabama and regulations of the State Personnel Director.
(b) There is established a separate special revenue fund in the State Treasury known as the Alabama State Board of Occupational Therapy Fund. All receipts collected by the board pursuant to this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the chairperson. No funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 to 41-4-96, inclusive, and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriation bills.
(Acts 1990, No. 90-383, p. 515, §6; Act 2003-62, p. 96, §3; Act 2011-168, p. 321, §3; Act 2013-309, p. 1041, §1.)
(a) The board shall administer, coordinate, and enforce this chapter.
(b) The board, within 90 days of the time at which it is appointed, shall notify all current practitioners of occupational therapy in the state, as identified by the American Occupational Therapy Certification Board, of the enactment of this chapter and its otherwise becoming a law.
(c) The board shall adopt and publish rules relating to the professional conduct to carry out the policies of this chapter, including, but not limited to, rules relating to professional licensure, registration, and the establishment of ethical standards of practice. The State Board of Medical Examiners and the Alabama State Board of Occupational Therapy shall jointly approve any rule or policy that interprets, explains, or enumerates the permissible acts, functions, or services rendered by an occupational therapist, occupational therapy assistant, or occupational therapy aide as those acts, functions, and services are defined in Section 34-39-3. Any rule or policy adopted in violation of this requirement is invalid.
(d) The board shall evaluate the qualifications of all applicants for licensure under this chapter and shall maintain a register of all persons holding a license and a record of all inspections made.
(e) The board shall approve all examinations of applicants for licensure at least twice a year, shall determine the qualifications and authorize the issuance of licenses to qualified occupational therapists and occupational therapy assistants, and shall renew, suspend, or revoke the licenses in the manner provided.
(f) The board may investigate complaints and allegations concerning the violation of this chapter and may examine witnesses, issue subpoenas, and administer oaths in connection with these investigations. Hearings may be conducted, provided reasonable public notice is given and records and minutes are kept in accordance with the rules of the board.
(g) The board shall make an annual report to the Governor which shall contain an account of duties performed, actions taken, and appropriate recommendations.
(h) The board shall establish a budget in accordance with the requirements of the state.
(i) The board may establish and publish reasonable fees as established in Section 34-39-14.
(j) The board may employ and discharge an executive director and any officers and employees as may be necessary, and shall determine their duties and fix their compensation in accordance with applicable state statutes. The board shall hire and establish the responsibilities and salary of all employees.
(k) The board shall establish an impaired practitioner program beginning January 1, 2022, pursuant to Section 34-39-12.1.
(Acts 1990, No. 90-383, p. 515, §7; Acts 1995, No. 95-279, p. 502, §3; Act 2013-309, p. 1041, §1; Act 2021-516, §1.)
An applicant for licensure as an occupational therapist or as an occupational therapy assistant 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, and shall file a written application on forms provided by the board, showing to the satisfaction of the board fulfillment of all of the following requirements:
(1) Applicant shall present evidence satisfactory to the board of having successfully completed all of the academic requirements for degree or certificate conferral from an educational program in occupational therapy recognized by the board. The program shall be accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Incorporated.
(2) Applicant shall pass an examination as provided for in Section 34-39-9.
(Acts 1990, No. 90-383, p. 515, §8; Acts 1995, No. 95-279, p. 502, §3; Act 2011-168, p. 321, §3; Act 2013-309, p. 1041, §1.)
(a) A person applying for licensure under this chapter shall demonstrate his/her eligibility in accordance with the requirements of Section 34-39-8, and shall make application for examination upon a form and in such a manner as the board shall prescribe. A person who fails an examination may make reapplication for reexamination accompanied by the established fee.
(b) Each applicant for licensure under this chapter shall be examined by written examination to test his or her knowledge of the basic clinical sciences relating to occupational therapy, and occupational therapy theory and practice, the applicant’s professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant’s fitness to practice. The board shall establish standards for acceptable performance by the applicant.
(c) Applicants for licensure shall be examined at a time and place and under such supervision as the board may require. Examinations shall be given at least twice each year at such places as the board may determine. The board shall give reasonable public notice of these examinations in accordance with its rules and regulations.
(d) Applicants may obtain their examination scores in accordance with such rules and regulations as the board may establish.
(e) Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of Section 34-39-8(3). The board shall require foreign trained applicants to complete educational and supervised fieldwork requirements, substantially equal to those contained in Section 34-39-8, before taking the examination.
(Acts 1990, No. 90-383, p. 515, §9.)
(a) The board shall grant a license to any person certified prior to April 17, 1990, as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American Occupational Therapy Association, Inc. The board may waive the examination, education, or experience and grant a license to any person certified after April 17, 1990, by a national occupational therapy certification board, if the board considers the requirements for certification to be equivalent to the requirements under the terms of this chapter.
(b) The board may waive the examination, education, or experience requirements and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.
(c) The board shall cause notification to be sent to all occupational therapists and occupational therapy assistants presently employed or practicing occupational therapy in this state. The notification shall summarize the requirements of this chapter and provide information on procedures for obtaining a license.
(Acts 1990, No. 90-383, p. 515, §10; Acts 1995, No. 95-279, p. 502, §3.)
(a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee as described in Section 34-39-14.
(b) The board shall issue a limited permit to persons who have completed the educational and fieldwork experience requirements of this chapter. This permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the date on which the results of the qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination. Failure of the examination shall result in revocation of an active limited permit.
(c) Any person who is issued a license as an occupational therapist under the terms of this chapter may use the words “occupational therapist,” “licensed occupational therapist,” “occupational therapist registered,” or may use the letters “O.T.,” “L.O.T.,” or “O.T.R./L.” in connection with his/her name or place of business to denote registration hereunder.
(d) Any person who is issued a license as an occupational therapy assistant under the terms of this chapter may use the words “occupational therapy assistant,” “licensed occupational therapy assistant,” “certified occupational therapy assistant,” or may use the letters “O.T.A.,” “L.O.T.A.,” or “C.O.T.A./L.” in connection with his or her name or place of business to denote registration hereunder.
(Acts 1990, No. 90-383, p. 515, §11; Act 2013-309, p. 1041, §1.)
(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.
(Acts 1990, No. 90-383, p. 515, §12.)
(a) The board shall promote the early identification, intervention, treatment, and rehabilitation of occupational therapists or occupational therapy assistants who may be impaired.
(b) To accomplish this obligation, the board may contract with any nonprofit corporation or medical professional association to create, support, and maintain an Alabama Occupational Therapy Wellness Committee. The committee shall be selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The expenditure of funds provided by the board for operating expenses of the committee are not subject to state competitive bid laws.
(c) The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:
(1) Contracting with providers of treatment programs.
(2) Receiving and evaluating reports of suspected impairment from any source.
(3) Intervening in cases of verified impairment.
(4) Referring impaired occupational therapists or occupational therapy assistants to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired occupational therapists or occupational therapy assistants.
(6) Providing post-treatment monitoring and support of rehabilitated impaired occupational therapists or occupational therapy assistants.
(7) Performing other activities as agreed by the board and the committee.
(d) The committee shall develop procedures in consultation with the board for all of the following:
(1) Periodic reporting of statistical information regarding impaired practitioner program activity.
(2) Periodic disclosure and joint review of all information the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report. The committee may not disclose any personally identifiable information except as otherwise provided in this chapter.
(e) Any person appointed to serve as a member of the committee and any auxiliary personnel, consultant, attorney, or other volunteer or employee of the committee taking any action authorized by this chapter, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or other entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(f) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceeding of the committee is privileged and confidential. All records and proceedings of the committee pertaining to an impaired occupational therapist or occupational therapy assistant are confidential and shall be used by the committee and the members of the committee only in the exercise of the proper function of the committee and shall not be public record nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired occupational therapist or occupational therapy assistant, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only. Nothing contained in this subsection shall apply to records made in the regular course of business of an occupational therapist or occupational therapy assistant and any information, document, or record otherwise available from an original source may not be construed as immune from discovery or use in any civil proceeding merely because it is presented or considered during proceedings of the committee.
(g) The committee shall render an annual report to the board concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any occupational therapist or occupational therapy assistant who the committee determines is impaired, when it appears that the occupational therapist or occupational therapy assistant is currently in need of intervention, treatment, or rehabilitation and the occupational therapist or occupational therapy assistant has failed or refused to participate in any program of treatment or rehabilitation recommended by the committee. A report to the committee shall be deemed a report to the board for the purposes of any mandated reporting of occupational therapy licensee impairment or occupational therapy assistance licensee impairment otherwise provided for by law.
(h) If the board has reasonable cause to believe that an occupational therapist or occupational therapy assistant is impaired, the board may cause an evaluation of the occupational therapist or occupational therapy assistant to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.
(Act 2021-516, §2.)
(a) All licenses under this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board upon the payment of a renewal fee. The board may set a required number of continuing education units for license renewal. The board may provide for a late renewal of license upon payment of a late renewal fee. Any license which has not been restored within three years following its expiration may not be renewed, restored, or reissued thereafter. The holder of such an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.
(b) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the reorder or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
(Acts 1990, No. 90-383, p. 515, §13.)
The board is empowered to establish, publish, and collect reasonable fees and costs in amounts determined by the board for the following purposes:
(1) Application for examination;
(2) Limited permit fee;
(3) Initial license fee;
(4) Renewal of license fee;
(5) Late renewal fee; and
(6) The costs of conducting a hearing of any person whose license or certificate of qualification is suspended, revoked, or refused as a result of such hearing.
(Acts 1990, No. 90-383, p. 515, §14; Acts 1991, No. 91-165, p. 221, §3.)
Any person who violates any provision of this chapter as set forth in Sections 34-39-4 and 34-39-13, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 and not more than $1,000, or imprisonment for a period not exceeding six months, or both. A license held by any person convicted under this section shall be forfeited and revoked forthwith for one year from the date of such conviction.
(Acts 1990, No. 90-383, p. 515, §15.)
(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.
(Acts 1990, No. 90-383, p. 515, §16; Acts 1991, No. 91-165, p. 221, §3; Act 2013-309, p. 1041, §1.)
(a) The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states’ ability to protect the public’s health and safety.
(3) Encourage the cooperation of member states in regulating multi-state occupational therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
(7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
(Act 2022-93, §1.)
As used in this compact, and except as otherwise provided, the following definitions shall have the following meanings:
(1) ACTIVE DUTY MILITARY. A full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring process approved by an occupational therapy licensing board.
(4) COMPACT PRIVILEGE. The authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
(5) CONTINUING COMPETENCE/EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(7) DATA SYSTEM. A repository of information about licensees, including, but not limited to, license status, investigative information, compact privileges, and adverse actions.
(8) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of occupational therapy by the licensee or the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(9) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(10) HOME STATE. The member state that is the licensee’s primary state of residence.
(11) IMPAIRED PRACTITIONER. Individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
(12) INVESTIGATIVE INFORMATION. Information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.
(13) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.
(14) LICENSEE. An individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.
(15) MEMBER STATE. A state that has enacted the compact.
(16) OCCUPATIONAL THERAPIST. An individual who is licensed by a state to practice occupational therapy.
(17) OCCUPATIONAL THERAPY ASSISTANT. An individual who is licensed by a state to assist in the practice of occupational therapy.
(18) OCCUPATIONAL THERAPY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted the compact.
(19) OCCUPATIONAL THERAPY LICENSING BOARD or LICENSING BOARD. The agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.
(20) OCCUPATIONAL THERAPY, OCCUPATIONAL THERAPY PRACTICE, and PRACTICE OF OCCUPATIONAL THERAPY. The care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and rules.
(21) PRIMARY STATE OF RESIDENCE. The state (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver license, federal income tax return, lease, deed, mortgage, or voter registration, or other verifying documentation as further defined by commission rules.
(22) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
(23) RULE. A regulation adopted by the commission that has the force of law.
(24) SINGLE STATE LICENSE. An occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.
(25) STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of occupational therapy.
(26) TELEHEALTH. The application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and/or consultation.
(Act 2022-93, §2.)
(a) To participate in the compact, a member state shall:
(1) License occupational therapists and occupational therapy assistants.
(2) Participate fully in the commission’s data system, including, but not limited to, using the commission’s unique identifier as defined in rules of the commission.
(3) Have a mechanism in place for receiving and investigating complaints about licensees.
(4) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation (FBI) and the agency responsible for retaining that state’s criminal records.
a. A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the FBI criminal record search, and shall use the results in making licensure decisions.
b. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the FBI relating to a federal criminal records check performed by a member state under Public Law 92-544.
(6) Comply with the rules of the commission.
(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission.
(8) Have continuing competence and education requirements as a condition for license renewal.
(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(c) Member states may charge a fee for granting a compact privilege.
(d) A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.
(e) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.
(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(Act 2022-93, §3.)
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) Have a valid United States Social Security number or National Practitioner Identification number;
(3) Have no encumbrance on any state license;
(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h);
(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion;
(6) Notify the commission that the licensee is seeking the compact privilege within a remote state or states;
(7) Pay any applicable fees, including any state fee, for the compact privilege;
(8) Complete a criminal background check in accordance with Section 34-39-32(a)(5). The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check;
(9) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege; and
(10) Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.
(e) A licensee providing occupational therapy in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its residents. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (1).
(g) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until all of the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid and all conditions have been met.
(3) Two years have elapsed from the date of completing requirements for subdivision (1) and (2).
(4) The compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement.
(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.
(j) Once the requirements of subsection (h) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
(Act 2022-93, §4.)
(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 34-39-33 via the data system, without need for primary source verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
b. Other criminal background check as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Section 34-39-33, the new home state shall apply its requirements for issuing a new single-state license.
(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If an occupational therapist or occupational therapy assistant changes 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, the state criteria shall apply for issuance of a single-state license in the new 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 license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(Act 2022-93, §5.)
Active duty military personnel, or their spouses, 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. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state, or through the process outlined in Section 34-39-34.
(Act 2022-93, §6.)
(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.
(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a licensed occupational therapist’s or occupational therapy assistant’s compact privilege within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the Occupational Therapy Compact Commission data system. The Occupational Therapy Compact Commission data system administrator shall promptly notify the new home state of any adverse actions.
(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
(f) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(g) Joint Investigations:
(1) In addition to the authority granted to a member state by its respective state occupational therapy laws and rules or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.
(i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
(Act 2022-93, §7.)
(a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission.
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
(2) The delegate shall be either:
a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or
b. An administrator of the licensing board.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the commission within 90 days.
(5) Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(7) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) Establish the fiscal year of the commission;
(3) Establish bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(6) Adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; provided, that at all times the commission shall avoid any appearance of impropriety;
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(14) Establish a budget and make expenditures;
(15) Borrow money;
(16) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(17) Provide and receive information from, and cooperate with, law enforcement agencies;
(18) Establish and elect an executive committee; and
(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of up to nine members:
a. Seven voting members who are elected by the commission from the current membership of the commission;
b. One ex-officio, nonvoting member from a recognized national occupational therapy professional association; and
c. One ex-officio, nonvoting member from a recognized national occupational therapy certification organization.
d. The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fees charged to licensees for the privilege to practice within the compact;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Perform other duties as provided in rules or bylaws.
(e) Meetings of the commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-39-39.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any person from suit, liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(Act 2022-93, §8.)
(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or privilege within the compact to practice;
(4) Non-confidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason or reasons for the denial;
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
(7) Current significant investigative information.
(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
(Act 2022-93, §9.)
(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 shall become binding as of the date specified in each rule or amendment.
(b) The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the 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 commission shall be invalid and have no force and effect.
(c) If a majority of the Legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(e) 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 will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:
(1) On the website of the commission or other publicly accessible platform.
(2) On the website of each member state occupational therapy counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will 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; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and submit any written comments.
(g) Prior to 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.
(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) A state or federal governmental subdivision or agency; or
(3) An association having at least 25 members.
(i) 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 via 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 will be recorded. A copy of the recording will be made available on request.
(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.
(j) 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.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.
(l) The commission shall, by majority vote of all members, 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.
(m) 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 the 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 provision, an emergency rule is one that must be adopted immediately in order to:
(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; or
(4) Protect public health and safety.
(n) 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 revision shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(Act 2022-93, §10.)
(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.
(Act 2022-93, §11.)
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
(Act 2022-93, §12.)
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2022-93, §13.)
(a) A licensee providing occupational therapy services in a remote state under the compact privilege shall function within the laws and rules of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws properly adopted by the commission, are binding upon the member states.
(e) All agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the Legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
(Act 2022-93, §14.)
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.
(Act 2022-93, §15.)
This chapter shall be known and may be cited as the “Alabama Athletic Trainers Licensure Act.”
(Acts 1993, No. 93-617, p. 1013, §1.)
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADVISORY COUNCIL. The Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers created pursuant to Section 34-40-3.2.
(2) ATHLETIC INJURY. An injury or condition sustained as a result of, or limiting the preparation for or participation in, an exercise, sport, game, recreational activity, or any other activity that requires a level of strength, endurance, flexibility, or agility that is comparable to the level of strength, endurance, flexibility, or agility required for an exercise, sport, game, or recreational activity; or any injury that a physician deems would benefit from athletic training services.
(3) ATHLETIC TRAINER. An individual licensed by the Alabama Board of Athletic Trainers and under the direction or referral, or both, of a licensed physician after meeting the requirements of this chapter and rules adopted pursuant to this chapter.
(4) ATHLETIC TRAINING PRACTICE. Practice by an athletic trainer of any of the following:
a. The application of care for an athletic injury, including the application or provision of: (i) principles, methods, and procedures of recognition, examination, assessment, clinical evaluation, prevention, management, emergency care, disposition, or rehabilitation and reconditioning of athletic injuries; (ii) appropriate preventive and supportive devices; (iii) treatment using physical modalities such as heat, cold, light, mechanical devices, electric stimulation, manual therapy techniques, aquatic therapy, sound, or therapeutic exercise; and (iv) any other physical agent that is included within the written protocols allowed by the State Board of Medical Examiners and prescribed by a physician.
b. The organization and administration of athletic training programs, including health care administration and professional responsibility.
c. The provision of athletic training, education, and guidance to physically active individuals, coaches, medical personnel, and the community in the prevention and care of athletic injuries.
d. The recognition of potential illnesses and referrals to a physician for diagnosis and treatment.
e. The provision of injury prevention services developed for physically active individuals.
(5) BOARD. The Alabama Board of Athletic Trainers.
(6) INJURY PREVENTION. Care and guidance related to risk management, including biomechanics, conditioning, flexibility, energy requirements, strength training, and fitness.
(7) PHYSICAL THERAPIST. A physical therapist licensed by the Alabama State Board of Physical Therapy.
(8) PHYSICIAN. A physician licensed by the Medical Licensure Commission of Alabama.
(9) PHYSICIAN SUPERVISION. a. An athletic trainer acting under the supervision of a physician if:
The activities are undertaken pursuant to a verbal or written order of the physician who has evaluated the physically active individual; or
The activity is undertaken in accordance with a written protocol signed by the physician which describes the athletic injury encountered and directs appropriate medical interventions consistent with the qualification, training, and experience of the athletic trainer. The State Board of Medical Examiners shall establish medical criteria for any protocol used by athletic trainers and shall specify those conditions and circumstances that require referral to the physician for further evaluation.
b. Physician supervision establishes a formal relationship between an athletic trainer and a physician under which the athletic trainer is authorized to practice as evidenced by a written protocol approved by the State Board of Medical Examiners and requires professional oversight and direction pursuant to the rules of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers as recommended by the advisory council. No rule adopted pursuant to this paragraph shall be effective without the approval of both the State Board of Medical Examiners and the board.
(Acts 1993, No. 93-617, p. 1013, §2; Act 2021-113, §1.)
(a) The Alabama Board of Athletic Trainers shall be composed of nine members who shall serve four-year terms. Members may not serve more than three consecutive four-year terms. Three members shall be a member of a minority class, one of whom shall be a physician member. The composition of the board shall be as follows:
(1) Six members who are athletic trainers, appointed by the Alabama Athletic Trainers’ Association in accordance with subsection (b), one of whom shall also be a physical therapist.
(2) Three physicians actively engaged in the treatment of athletic injuries or illnesses, appointed by the Medical Association of the State of Alabama.
(3) The President of the Alabama Athletic Trainers’ Association who shall serve as an ex officio member of the board and whose term of office shall be yearly to coincide with his or her term as President of the Alabama Athletic Trainers’ Association.
(b) The Alabama Athletic Trainers’ Association shall conduct an annual meeting at which all athletic trainers holding a current license under this article shall have the right to attend, nominate, and vote for the athletic trainer members of the board. The association shall regulate and prescribe the date, hour, and place of the meeting, the method of nomination, and the manner of voting. At least 30 days prior to the meeting, the board shall send notices to each current licensee at the address shown on the current registration notifying of the exact date, hour, and place of the meeting, the purpose of the meeting, and of the right to attend and vote. To qualify as a board member pursuant to this subsection, a person shall be a citizen of the United States and a resident of this state and have acted as an athletic trainer for three years within this state immediately preceding appointment.
(c) In making the initial appointments, the Alabama Athletic Trainers’ Association shall appoint one athletic trainer whose term will expire in 1994, two athletic trainers whose terms will expire in 1995, one athletic trainer whose term will expire in 1996, and two athletic trainers whose terms will expire in 1997. The Medical Association of the State of Alabama shall appoint one physician whose term will expire in 1994, one physician whose term will expire in 1995, and one physician whose term will expire in 1996. All appointments expire on December 31 of the year specified.
(d) Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of the appointment. In the event of death, resignation, or removal of any member, except for physician members, the vacancy of the unexpired term shall be filled by the board.
(e) The board shall elect a chair, a vice-chair, and a secretary from its members for a term of one year and may appoint any committees and formulate any rules it considers necessary to carry out its duties pursuant to this article. The board shall meet at least twice each year. Additional meetings may be held at the call of the chair or at the written request of any two members of the board. The secretary shall keep a record of the proceedings of the board. The board may adopt rules consistent with this chapter which are necessary for the performance of its duties. The board may employ an executive secretary and any officers and employees as may be necessary to carry out the duties of the board. The State Board of Medical Examiners and the board shall jointly approve any rule or policy that interprets, explains, or enumerates the permissible acts, functions, or services rendered by an athletic trainer as those acts, functions, and services are defined in Section 34-40-2. Any rule or policy adopted in violation of this requirement is invalid. The board shall prescribe methods and forms for license applications, license certificate, license renewal, verification of license, continuing education verification, and any forms for information required from licensees to carry out the duties of the board. The board shall adopt an official seal and a license certificate of suitable design.
(f) Members of the board shall receive one hundred dollars ($100) for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed according to the state travel policy for other expenses in the same amounts and under the same conditions as state employees are reimbursed.
(g) The board shall pass upon the qualifications of applicants for licensure as an athletic trainer and issue licenses and annual renewals to athletic trainers. The board shall fix fees for such applications, licenses, renewals, verification of licensure, replacement of licenses, name changes of licensees, publication fees, or other administration fees deemed necessary to carry out this article.
(Acts 1993, No. 93-617, p. 1013, §3; Acts 1997, No. 97-597, p. 1051, §1; Act 2011-171, p. 332, §3; Act 2021-113, §1.)
(a) Notwithstanding any other law regarding the composition of the Board of Athletic Trainers, the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state and each member of the board shall be a resident of this state.
(b) Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large.
(Acts 1997, No. 97-153, p. 195, §4; Act 2009-41, p. 140, §3; Act 2025-170, §3.)
(a) There is created the Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers. The membership of the advisory council shall include all of the following:
(1) Three physicians, appointed by the State Board of Medical Examiners.
(2) Three athletic trainers appointed by the board.
(b) In order to stagger the terms of office, the three physician members of the advisory council shall serve initial terms of one, two, and three years, as determined by the State Board of Medical Examiners, and terms of three years thereafter, and the three athletic trainer members of the advisory council shall serve initial terms of one, two, and three years, as determined by the board, and terms of three years thereafter. Should a vacancy occur on the advisory council, a successor shall be appointed by the original appointing authority to serve the remainder of the unexpired term.
(c) The advisory council shall meet annually, or more frequently if agreed by both the State Board of Medical Examiners and the board. During the annual meeting the membership of the advisory council shall select one of its members to serve as chair for a term of one year. The office of chair shall alternate between a physician member and an athletic trainer member.
(d) Members of the advisory council shall receive a per diem at a rate of one hundred dollars ($100) per day or any portion thereof that the advisory council member is attending an official meeting or function of the advisory council. In addition, each member of the advisory council shall receive reimbursement for subsistence and travel in accordance with state law as provided for state employees, for each day actively engaged in the duties of the office. Compensation of the members of the advisory council shall be paid by the appointing authority, and the appointing authorities shall furnish necessary clerical and administrative support for the operation of the advisory council.
(e) Any provision of this chapter to the contrary notwithstanding, the advisory council shall recommend model practice protocols to be used by athletic trainers, subject to approval by both the State Board of Medical Examiners and the board. The advisory council shall be limited to voting on new standard protocols, adding or deleting existing protocols, and amending existing protocols. The advisory council may recommend rules establishing the ratio of physicians to athletic trainers and the manner in which a supervising physician may designate an alternate supervising physician when temporarily unavailable as the supervising physician. The advisory council may not grant deviations from protocol. No rule or protocol shall be effective until approved by both the State Board of Medical Examiners and the board.
(Act 2021-113, §2.)
No person shall use the title “athletic trainer”, “certified athletic trainer”, or “licensed athletic trainer”, or use the letters “LAT”, “ATC”, or “AT”, or any other facsimile thereof, whether or not compensation is received or expected, unless the person is licensed as an athletic trainer in this state pursuant to this chapter.
(Acts 1993, No. 93-617, p. 1013, §4.)
(a) Any individual seeking licensure as an athletic trainer shall be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and meets at least one of the following requirements:
(1) Satisfactory completion of all Board of Certification, Inc., or its successor organization, qualifications; certification as an athletic trainer in good standing by the Board of Certification, Inc.; and eligibility for a National Provider Identifier.
(2) Licensure by reciprocity. The board shall grant, without examination, licensure to any qualified athletic trainer holding a license certificate or registration in another state if that state maintains licensure qualifications that are substantially equivalent to those required in this state, and gives similar reciprocity to licensees of this state.
(b) Any individual desiring to be licensed, desiring a renewal of an existing license, desiring verification of licensure, reinstatement of a license, replacement of a license, or name changes for a licensee as an athletic trainer in this state shall make and file with the board a written application or request as prescribed by the board. The application shall be accompanied by the payment of a fee, as set by the board, to include publication fees or other administrative fees deemed necessary to carry out the provisions of this chapter. Any licensee who fails to renew his or her license within 90 days following expiration of the previous license shall be required to file a new application and pay an application fee with the board.
(Acts 1993, No. 93-617, p. 1013, §5; Acts 1997, No. 97-153, p. 195, §3; Act 2005-91, p. 142, §3; Act 2009-41, p. 140, §3; Act 2021-113, §1.)
An athletic trainer, as a qualified health care professional, functioning under the supervision of a physician, may use therapeutic exercise and modalities for the treatment of athletic injuries for which he or she has received appropriate training or education.
(Acts 1993, No. 93-617, p. 1013, §6; Act 2021-113, §1.)
(a) Any person actively engaged as an athletic trainer on May 13, 1993, shall be issued a license certificate if the athletic trainer submits proof of three years of experience as an athletic trainer within the preceding five-year period, receives approval by the board, and pays the license certificate fee as determined by the board. For the purpose of this section, a person is actively engaged as an athletic trainer if the person is employed on a salaried basis for the duration of the institution’s school year, or the length of the athletic organization’s season, and was hired and performs the duties of an athletic trainer as the major responsibility of employment. One year from May 13, 1993, application for a license certificate pursuant to this subsection shall not be permitted.
(b) The board shall grant licensure to any physical therapist who has satisfactorily completed all of the American Physical Therapy Association (APTA) qualifications as a board certified sports physical therapist (SCS). Three years from May 13, 1993, application for a licensure certificate pursuant to this subsection shall not be permitted.
(c) The board may grant licensure to a licensed physical therapist who submits experience and educational training as an athletic trainer within the preceding five-year period if the person performed duties as an athletic trainer as a significant responsibility. One year from May 13, 1993, application for licensure pursuant to this subsection shall not be permitted.
(Acts 1993, No. 93-617, p. 1013, §7.)
All licenses issued by the board to athletic trainers shall expire on the last day of December each year. The license may be renewed on payment of a renewal fee, fixed by the board, completion of continuing education, and current licensee information, as may be needed. The board may reduce the renewal fee for a licensee who has been licensed less than six months before his or her license expires. The board shall adopt a program of continuing education for its licensees. The successful completion of the annual continuing education program shall be a requisite for the renewal of licenses issued pursuant to this chapter.
(Acts 1993, No. 93-617, p. 1013, §8; Acts 1997, No. 97-597, p. 1051, §1; Act 2011-171, p. 332, §3; Act 2013-87, p. 187, §3.)
(a) Nothing in this chapter shall be construed as preventing or restricting any of the following individuals from engaging in the profession or occupation for which they are licensed, certified, or registered in Alabama as follows:
(1) Physicians and surgeons licensed by the Medical Licensure Commission.
(2) Dentists licensed by the State Board of Dental Examiners.
(3) Optometrists licensed by the Alabama Board of Optometry.
(4) Nurses licensed by the Board of Nursing.
(5) Chiropractors licensed by the State Board of Chiropractic Examiners.
(6) Podiatrists licensed by the State Board of Podiatry.
(7) Physical therapists licensed by the Board of Physical Therapy.
(8) Occupational therapists licensed by the Alabama Board of Occupational Therapy.
(9) Emergency medical technicians licensed by the Alabama Department of Public Health.
(10) Physician assistants licensed by the State Board of Medical Examiners.
(11) Massage therapists licensed by the Alabama Board of Massage Therapy.
(b) This chapter shall not apply to the following persons:
(1) Coaches and physical education instructors in the performance of their duties.
(2) Athletic trainers from other nations, states, or territories performing their duties for their respective teams or organizations and only during the course of their team’s or organization’s stay in this state.
(3) A person who performs any of the services set forth in this chapter as long as the person does not violate this chapter.
(Acts 1993, No. 93-617, p. 1013, §9; Act 2021-113, §1.)
The board may refuse to issue a license certificate to any individual and, after notice and hearing pursuant to its rules, may suspend or revoke the license certificate of any individual who does any of the following:
(1) Practices athletic training other than under the supervision of a physician licensed to practice medicine or surgery.
(2) Uses drugs or intoxicating liquors to an extent which affects professional competency.
(3) Obtains or attempts to obtain a license by fraud or deception.
(4) Is found to be grossly negligent in the practice of athletic training.
(5) Is adjudged mentally incompetent by a court of competent jurisdiction.
(6) Is found to be guilty of conduct detrimental to the best interest of the public.
(7) Is or has been imprisoned for violating any state or federal controlled substance law.
(8) Is treating or has undertaken to treat human ailments otherwise than by athletic training and according to standards established by the board.
(9) Advertises unethically according to standards as set by the board.
(10) Fails or refuses to obey any lawful order or rule of the board.
(11) Engages in the unlawful invasion of the field of practice of any other profession.
(Acts 1993, No. 93-617, p. 1013, §10; Act 2021-113, §1.)
(a) Any person whose application for a license is denied is entitled to a hearing before the board if the person submits a written request to the board. Proceedings for revocation or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons. The secretary shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for hearing to be served on the applicant requesting the hearing or the licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail to the last known address of the licensee or applicant. At the hearing, the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses. The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law, and the action taken. On application, the board may reissue a license to a person whose license has been cancelled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.
(b) A person whose application for a license has been refused or whose license has been cancelled, revoked, or suspended by the board may take an appeal, within 30 days after the order is entered in the judicial circuit of his or her residence or in the Montgomery County Circuit Court, to any court of competent jurisdiction.
(c) Appeal from the judgment of the court lies as in other civil cases.
(Acts 1993, No. 93-617, p. 1013, §11.)
Any person who violates any provision of this chapter is guilty of a Class B misdemeanor, and, upon conviction, shall be punished and fined, or both, as provided by law.
(Acts 1993, No. 93-617, p. 1013, §12.)
Any person who holds a license pursuant to this chapter as an athletic trainer may use the words “athletic trainer” or “licensed athletic trainer,” and may use the letters “LAT” in connection with his or her name to denote his or her licensure as an athletic trainer.
(Acts 1993, No. 93-617, p. 1013, §13.)
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.
(Acts 1993, No. 93-617, p. 1013, §14; Acts 1997, No. 97-597, p. 1051, §1.)
(a) Nothing in this chapter shall authorize an athletic trainer to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other condition that is not an athletic injury; to perform surgery of any type or description; or to prescribe any drug or medical device.
(b) Nothing in this chapter shall allow an athletic trainer to hold himself or herself out, or practice, as a physical therapist, occupational therapist, clinical nutritionist, or chiropractic physician. Nothing in this chapter shall allow an athletic trainer to perform spinal manipulation. However, nothing in this chapter shall be construed to restrict an athletic trainer from practicing within the scope of practice as otherwise provided under this chapter.
(c) Nothing in this chapter shall modify, amend, repeal, or supersede any provision of the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to or judicial interpretation of those laws.
(Acts 1993, No. 93-617, p. 1013, §16; Act 2021-113, §1.)
An athletic trainer employed in a physical therapy clinic shall work under the administrative supervision of a physical therapist in the context of an employer/employee relationship. The authority of the physical therapist may not supersede the authority of the physician regarding treatment, in accordance with physician supervision of the athletic trainer.
(Acts 1993, No. 93-617, p. 1013, §17; Act 2021-113, §1.)
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.
(Acts 1993, No. 93-617, p. 1013, §18.)
For the purposes of this article, the following terms have the following meanings:
(1) ATHLETIC TRAINER. The same meaning as the term “athletic training practice,” as defined by Section 34-40-2. This term includes after school sporting event coverage.
(2) ATHLETIC TRAINING SERVICES. Services provided by an athletic trainer within the scope of athletic training practice, as defined by Section 34-40-2. This term includes coverage provided to an after school sporting event.
(3) BOARD. The Alabama Board of Athletic Trainers, as provided in this chapter.
(4) INCENTIVE PROGRAM. The Athletic Trainer Secondary School Incentive Program established by this article.
(5) RURAL SCHOOL. A school not located within a United States Census Bureau Alabama Urbanized Area of 50,000 or more individuals.
(6) SECONDARY SCHOOL. Any rural, 1A, 2A, 3A, or Title I schools providing education to students in sixth through twelfth grade. This term includes middle schools and high schools.
(Act 2023-341, §1.)
(a) There is established the Athletic Trainer Secondary School Incentive Program. The program shall be administered by the board.
(b) The board shall award funds to local boards of education to incentivize the recruitment and retention of athletic trainers at rural secondary schools and Title I secondary schools in the state. The board shall allocate grant awards to the applicable local board of education for each successful application that meets the requirements of this article. Each grant shall be no more than seven thousand five hundred dollars ($7,500), as determined by the board based on the application.
(c) The incentive program shall be capped at two million dollars ($2,000,000) per school year.
(d) Grants may be awarded annually beginning with the 2024-2025 school year, and each school year thereafter.
(e) The grants provided by this article shall be contingent on the availability of funds. The Legislature may appropriate funds to the board for the incentive program, and the board may accept funds from nongovernmental entities to be used for the incentive program. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act. Funds not expended in any fiscal year shall not revert but shall remain with the board for use in implementing the incentive program.
(Act 2023-341, §2.)
(a) A local board of education may apply for a grant from the incentive program if, during the academic school year, an athletic trainer provided an average of at least 25 hours of athletic training services per week to a rural secondary school or Title I secondary school under the purview of the local board of education. Any athletic training services provided by an athletic trainer may be counted towards the required hours, provided that the athletic trainer provides the athletic training services in one of the following manners:
(1) As an employee of the local board of education.
(2) As an employee of a health care facility.
(3) As a participant in a third-party sports medicine program.
(b)(1) The board shall compile a list of schools eligible for grants from the incentive program and publish the list on its website. The list shall be compiled in the following manner:
a. For rural secondary schools, by considering census data to determine which secondary schools are not located in urbanized areas of 50,000 or more individuals.
b. For Title I secondary schools, by considering federal law.
(2) Local boards of education meeting the application criteria may apply for the incentive program following the end of the academic school year, during a time period to be determined by the board.
(Act 2023-341, §3.)
(a) The board shall develop an application form and adopt procedures for the administration of the incentive program application, including for the development of application criteria and a timeline for application review and grant disbursement.
(b)(1) The local superintendent of education shall provide an attestation that all requirements for the incentive program have been satisfied, and each athletic trainer seeking to benefit from the incentive program shall provide an attestation that he or she has provided at least 25 hours of athletic training services to a rural secondary school or Title I secondary school under the local board of education’s purview.
(2) The board may take disciplinary action against an athletic trainer who falsifies the amount of athletic training services he or she provided.
(Act 2023-341, §4.)
(a) Upon the receipt of a grant from the incentive program, the local board of education shall distribute the grant funds as a stipend to the qualifying athletic trainer.
(1) If multiple athletic trainers provided an average of at least 25 hours of athletic training services per week to a secondary school during the academic school year, the local board of education shall evenly divide the funds from the incentive program among the athletic trainers.
(2) An athletic trainer may only receive one stipend from the incentive program per school year. Once an athletic trainer is awarded a stipend pursuant to this article, he or she shall not be eligible for another incentive program stipend until the next school year, even if he or she provided athletic training services to multiple schools.
(b) The local board of education is limited to one successful grant application per secondary school each school year.
(Act 2023-341, §5.)
(a) This article shall be known and cited as the Athletic Trainer Compact. The purposes of this compact are to expand mobility of athletic training practice and improve public access to services by providing qualified licensed athletic trainers the ability to practice in other member states. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to athletic training and enhance continuity of care by providing for the mutual recognition of other licenses issued by member states.
(2) Provide an additional streamlined opportunity for interstate practice by licensed athletic trainers who meet compact uniform requirements.
(3) Promote mobility and workforce development by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other licenses issued by member states.
(4) Reduce administrative burdens on licensed athletic trainers and member states.
(5) Enhance the states’ ability to protect the public’s health and safety.
(6) Encourage the cooperation of member states in regulating interstate practice of licensed athletic trainers.
(7) Support relocating active military members and their spouses.
(8) Enhance the exchange of licensure, investigative, and disciplinary information among member states.
(9) Allow for the use of telehealth to facilitate increased access to athletic training services.
(10) Support the uniformity of licensed athletic trainer licensure requirements throughout the states.
(11) Affirm the authority of all member states to hold a licensed athletic trainer accountable for abiding by the scope of practice in the state in which the patient is located at the time of care.
(12) Require adherence to the model compact language in order to promote uniformity and ensure that all member states have accepted and are mutually obligated to the same terms.
(Act 2026-253, §1.)
As used in this compact, unless the context requires otherwise, the following terms have the following meanings:
(1) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the active Armed Forces of the United States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensee’s authorization to practice.
(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process applicable to an athletic trainer approved by a state licensing authority of a member state in which the athletic trainer is licensed. This includes, but is not limited to, programs to which licensees with substance use, addiction, or mental health conditions are referred in lieu of adverse action.
(4) ATHLETIC TRAINER LICENSURE COMPACT COMMISSION or COMPACT COMMISSION. The government agency whose membership consists of all states that have enacted this compact, as described in this compact and which shall operate as an instrumentality of the member states to administer and implement the compact according to its terms.
(5) ATHLETIC TRAINING. The prevention, examination, assessment, treatment, and rehabilitation of emergent, acute, or chronic injuries and medical conditions as defined by applicable member state laws and rules.
(6) BOC. The Board of Certification, Inc., or any successor organization thereto.
(7) CAATE. The Commission on Accreditation of Athletic Training Education or any successor organization thereto.
(8) CHARTER MEMBER STATE. Any member state which enacted and made effective this compact by law before the compact effective date specified in Section 34-40-71.
(9) COMMISSIONER. The individual appointed by a member state to serve as the member of the commission for that member state.
(10) COMPACT PRIVILEGE. The legal authorization granted by a remote state, equivalent to a license, allowing a licensee from another member state to provide athletic training services in a remote state.
(11) COMPACT QUALIFYING LICENSE. A license that is not an encumbered license issued by a member state to practice athletic training which qualifies the licensee to exercise a compact privilege pursuant to Section 34-40-63.
(12) CONTINUING COMPETENCE. A requirement, as a condition of license renewal, to provide evidence of successful participation and completion of educational and professional activities relevant to practice or area of work. For purposes of this compact, evidence of active BOC certification may satisfy the meaning of continuing competence as set forth in this compact.
(13) CRIMINAL BACKGROUND CHECK. The submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(14) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. The existence of:
a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction; or
b. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.
(15) DATA SYSTEM. The commission’s repository of information about licensees, including, but not limited to, examination, licensure, investigative, compact privilege, adverse action, and alternative program.
(16) ENCUMBRANCE or ENCUMBERED. A revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of athletic training.
(17) EXECUTIVE COMMITTEE. A group of commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.
(18) INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a licensing authority pursuant to an investigation.
(19) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of athletic training, as applicable, in a state.
(20) LICENSE. The current authorization by a member state to engage in the practice of athletic training.
(21) LICENSEE or LICENSED ATHLETIC TRAINER. An individual who currently holds an active, unrestricted license and who meets all of the requirements outlined in Section 34-40-63.
(22) LICENSING AUTHORITY. The board or agency of a state, or equivalent, that is responsible for the licensing and regulation of athletic trainers.
(23) MEMBER STATE. A state that has enacted this compact.
(24) MODEL COMPACT LANGUAGE. The model language for the athletic trainer compact on file with The Council of State Governments or other entity as designated by the commission to which all member states must substantively adhere and adopt.
(25) REMOTE STATE. A member state other than the state of qualifying licensure.
(26) RULE. A regulation adopted by an authorized entity that has the force of law.
(27) SCOPE OF PRACTICE. The procedures, actions, and processes an athletic trainer licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions, and processes. The procedures, actions, and processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, rules, case law, and other processes available to the state licensing authority or other government agency. Scope of practice shall include any state requirements regarding supervision or direction, if required by the state and as further defined by the state’s statutes and rules.
(28) SINGLE STATE LICENSE. A license issued by any state that authorizes practice only within the issuing state.
(29) STATE. Any state, commonwealth, district, or territory of the United States of America.
(30) STATE OF QUALIFYING LICENSURE. The member state that has issued a compact qualifying license to a licensee pursuant to this compact.
(31) UNENCUMBERED LICENSE. A license that authorizes a licensee to engage in the full and unrestricted practice of athletic training.
(Act 2026-253, §1.)
(a) To be eligible to join this compact and to maintain eligibility as a member state, a state must:
(1) Enact and maintain a statute that is not materially different from the model compact language;
(2) License and regulate the practice of athletic training;
(3) Require that licensees in that state maintain continuing competence standards as part of their state practice act or rules;
(4) Have a mechanism in place for receiving and investigating complaints about licensees;
(5) Grant the compact privilege to a licensee who meets all the requirements outlined in Section 34-40-63 in accordance with the terms of the compact and any rules adopted thereunder;
(6) Participate fully in the compact commission’s data system, including using the unique identifier as defined in rules;
(7) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(8) Within a time frame established by rule, implement or utilize procedures for considering the criminal history records of applicants for a compact qualifying license which includes receiving the results of the Federal Bureau of Investigation record search and use those results in making licensing decisions. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
a. A member state must fully implement a criminal background check requirement in order to participate in the issuance and acceptance of compact privileges.
b. Communication between a member state and the compact commission or among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state; and
(9) Comply with and enforce the rules of the compact commission.
(b) Member states may set and collect a fee for issuance and renewal of a compact privilege to applicants.
(c) Individuals without a compact qualifying license shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state.
(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(e) A compact qualifying license shall be recognized by each remote state as authorizing that licensee to engage in the practice of athletic training, under a compact privilege, in another member state in accordance with the requirements in Section 34-40-63.
(Act 2026-253, §1.)
(a) To be eligible for a compact privilege under the terms and provisions of this compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure before entry in the compact and shall:
(1) Satisfy one of the following two pathways:
a. Hold a valid current active certification through BOC.
b. If a licensee does not meet the requirements of paragraph a., the following must be completed:
(i) At least a bachelor’s degree with a major course of study in athletic training or an equivalent course of study from a college or university accredited at the time of graduation by CAATE;
(ii) An academic degree from a college or university in a foreign country equivalent to the degree described in item (i) with a major course of study as described in item (i) that is accredited by CAATE; or
(iii) The substantial equivalent of the foregoing which the commission may determine by rule.
(2) Hold a compact qualifying license;
(3) Have not had any encumbrance against any license or compact privilege to practice athletic training within the previous two years;
(4) Be eligible for a compact privilege in any member state in accordance with this section;
(5) Notify the compact commission that the licensee is seeking the compact privilege within a remote state or remote states;
(6) Pay any applicable fees, including any state fee, for the compact privilege;
(7) Meet only the continuing competence requirements established by the state of qualifying licensure;
(8) Comply with any requirements of the state of qualifying licensure as set forth in Section 34-40-62;
(9) Meet any jurisprudence requirements established by the remote state or remote states in which the licensee is seeking a compact privilege; and
(10) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within 30 days from the date the action is taken.
(b) The compact privilege is valid until the expiration date of the compact qualifying license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the compact qualifying license as the compact commission may define by rule. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state. A licensee may apply for and hold compact privileges in multiple member states.
(c) A licensed athletic trainer must follow the scope of practice of the member state where the patient is located. A licensee engaging in the practice of athletic training in a remote state under the compact privilege shall adhere to the scope of practice laws and rules of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all scope of practice laws and rules and state laws relating to the remote practice of athletic training, as applicable.
(d) A licensee engaging in the practice of athletic training in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its residents. Any member state which undertakes such an action shall promptly notify the member state and the commission as specified in the rules. The licensee may be deemed to be ineligible to exercise the compact privilege by any member state until the specific time for removal has passed and all fines are paid.
(e) All member state disciplinary orders that impose adverse action against a compact qualifying license shall result in deactivation of the licensee’s compact privilege in all member states during the pendency of the order. If a compact qualifying license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The compact qualifying license is no longer encumbered.
(2) The licensee has not had any encumbrance or restriction against any license, compact qualifying license, or compact privilege within the previous two years.
(f) Once an encumbered license is restored to good standing as a compact qualifying license, as certified by the licensing authority, the licensee must meet the requirements of this section to obtain a compact privilege in any remote state.
(g) If a licensee’s compact privilege in any remote state is removed, that licensee may also lose the compact privilege in other remote states, as each member state shall determine in its sole authority, until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid.
(3) The licensee has not had any encumbrance or restriction against any license or compact privilege within the previous two years.
(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
(Act 2026-253, §1.)
(a) A licensee may only designate one license as his or her compact qualifying license at a time. The procedures for the designation may be further defined by compact commission rule.
(b) Nothing in this section shall require that the state of qualifying licensure be the state of primary residence or state of primary practice for the licensee.
(c) Nothing in this compact shall interfere with a licensee’s ability to hold a single state license in multiple states.
(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(Act 2026-253, §1.)
An active military member or his or her spouse shall not be required to pay a fee to the commission for a compact privilege. If a member state chooses to charge a member state fee, the member state may choose to charge a reduced fee or no fee to an active military member or his or her spouse for a compact privilege.
(Act 2026-253, §1.)
(a) A member state in which a licensee is issued a compact qualifying license shall have the exclusive authority to impose adverse action against the compact qualifying license issued by that member state.
(b) A member state may take adverse action based on current significant investigative information of a remote state, so long as the member state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws or rules.
(d) A remote state shall have the authority to:
(1) Take adverse actions as set forth in this compact against a licensee’s compact privilege in that state; and
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
a. Subpoenas may be issued by a member state athletic training licensing authority for the attendance and testimony of witnesses and the production of evidence.
b. A member state that issues a subpoena may request service of that subpoena by another member state. The member state receiving the request to serve a subpoena shall serve the subpoena if the subpoena is deemed enforceable by a court of competent jurisdiction according to the practice and procedure in the receiving member state.
c. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.
(e) For purposes of taking adverse action, a member state shall give the same priority and effect to reported conduct received from another member state as it would if the conduct had occurred within that state. In so doing, the investigating member state shall apply its own state laws to determine appropriate action.
(f) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any current significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. In sharing this information between member state athletic trainer licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving member state or member states.
(3) A remote state may issue subpoenas on behalf of a member state for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
(h) If a member state takes adverse action, the member state shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify all member states of any adverse actions by remote states.
(i) Nothing in this compact may permit a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice occurring in another member state that was legal in the member state at the time it was undertaken.
(Act 2026-253, §1.)
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this compact known as the Athletic Trainer Licensure Compact Commission. The compact commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in Section 34-40-71.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one commissioner selected by that member state’s licensing authority within 60 days of the member state’s effective date.
(2) The commissioner shall be an administrator or his or her designated staff or current board member of the licensing authority.
(3) The compact commission may recommend removal or suspension of any commissioner from office.
(4) A member state’s licensing authority shall fill any vacancy of its commissioner occurring on the compact commission within 60 days of the vacancy.
(5) Each commissioner shall be entitled to one vote on all matters before the compact commission requiring a vote by the commissioners.
(6) The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the compact commission bylaws. A commissioner shall vote in person or by other means as provided in the bylaws. The bylaws may provide for commissioners to meet by telecommunication, videoconference, or other means of communication.
(c) The compact commission shall have the following powers:
(1) Adopt and amend rules and bylaws.
(2) Establish code of conduct, confidentiality, and conflict of interest policies for commissioners.
(3) Establish the fiscal year of the compact commission.
(4) Maintain compact commission financial records in accordance with the bylaws.
(5) Purchase and maintain insurance and insurance bonds.
(6) Accept or contract for services of personnel, including, but not limited to, employees of a member state.
(7) Conduct a financial review or audit.
(8) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(9) Enter into contracts or arrangements for the management of the affairs of the compact commission.
(10) Assess and collect fees.
(11) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the compact commission shall avoid any appearance of impropriety or conflict of interest.
(12) Lease, purchase, retain, own, hold, improve, invest, or use any property, real, personal, or mixed, or any undivided interest therein.
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(14) Establish a budget and make expenditures.
(15) Borrow and invest money.
(16) Meet and take actions that are consistent with this compact, the compact commission’s rules, and the bylaws.
(17) Initiate and conclude legal proceedings or actions in the name of the compact commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected.
(18) Maintain and certify records and information provided to a member state as the authenticated business records of the compact commission, and designate an agent to do so on the compact commission’s behalf.
(19) Provide and receive information from, and cooperate with, law enforcement agencies.
(20) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(21) Establish and elect an executive committee, including a chair and a vice chair, secretary, treasurer, and other offices that the compact commission shall establish by rule or bylaw.
(22) Appoint committees, including standing committees, composed of member state commissioners, state regulators, state legislators or their representatives, and consumer representatives, and other interested persons that may be designated in this compact and the bylaws.
(23) Perform other functions that may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:
a. Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw;
b. Oversee the day-to-day activities of the administration of this compact including enforcement and compliance with this compact, its rules and bylaws, and other duties as deemed necessary;
c. Recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;
d. Ensure compact administration services are appropriately provided, including by contract;
e. Prepare and recommend the budget;
f. Maintain financial records on behalf of the compact commission;
g. Monitor compact compliance of member states and provide compliance reports to the compact commission;
h. Establish additional committees as necessary; and
i. Other duties as provided in the rules or bylaws of the compact commission.
(2) The executive committee shall be composed of five voting members, elected by the compact commission:
a. The chair and vice chair of the compact commission shall be voting members of the executive committee;
b. The compact commission shall elect up to three additional voting members from the current membership of the compact commission to include the offices of treasurer, secretary, and one member-at-large; and
c. Up to four ex officio, nonvoting members from recognized national athletic trainer organizations.
(3) The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws.
(4) The executive committee shall meet at least annually:
a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in this section;
b. The executive committee shall give advance notice of its meetings, posted on its website and as determined, by rule or bylaw, to provide notice to persons with an interest in the business of the compact commission; and
c. The executive committee may hold a special meeting in accordance with this section.
(e) The compact commission shall adopt and provide to the member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings shall be open to the public, except that the compact commission may meet in a closed, nonpublic meeting as provided in this section.
(2) Public notice for all meetings of the full compact commission shall be given in the same manner as required under the rulemaking provisions in this compact, except that the compact commission may hold a special meeting as provided in this section.
(3) The compact commission may hold a special meeting when it must meet to conduct emergency business by giving 24-hours’ notice to all commissioners, on the compact commission’s website, and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency.
(4) The compact commission or the executive committee or other committees of the compact commission may convene in a closed, nonpublic meeting for the compact commission or executive committee or other committees of the compact commission to receive legal advice or to discuss:
a. Noncompliance of a member state with its obligations under this compact;
b. The employment, compensation, discipline or other matters, practices, or procedures related to specific employees;
c. Current or threatened discipline of a licensee by a member state’s licensing authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or confidential;
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of or for the use of the compact commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to this compact;
k. Matters specifically exempted from disclosure by federal or member state law; or
l. Other matters as specified in rules of the compact commission.
(5) If a meeting, or portion of a meeting, is closed, the compact commission’s legal counsel or designee shall certify that the meeting will be closed and reference each relevant exempting provision, and the reference shall be recorded in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.
(g) Financing of the compact commission.
(1) The compact commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The compact commission may accept any and all appropriate revenue sources as provided in this section.
(3) The compact commission may levy and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the compact commission shall adopt by rule.
(4) The compact commission shall not incur obligations of any kind prior to securing the funds or a loan adequate to meet the same; nor shall the compact commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review or audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review or audit by a certified or licensed public accountant, and the report of the financial review or audit shall be included in and become part of the annual report of the compact commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the compact commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of compact commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the compact commission shall not in any way compromise or limit the immunity granted under this subdivision.
(2) The compact commission shall defend any member, officer, executive director, employee, and representative of the compact commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or as determined by the compact commission which the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to prohibit that person from retaining his or her own counsel at his or her own expense, and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The compact commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this subsection shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law, rule, or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission.
(Act 2026-253, §1.)
(a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system and reporting system containing licensure, compact privileges, adverse action, and the presence of current significant investigative information on all licensees and applicants for a license in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all licensees, applicants, and others to whom this compact is applicable as required by the rules of the compact commission, including:
(1) Personally identifying information;
(2) Licensure data;
(3) Adverse actions against a licensee, license applicant, or compact privilege and information related thereto;
(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of the participation, and other information related to the participation;
(5) Any denial of an application for licensure, and the reasons for the denial, excluding the reporting of any criminal history record information where prohibited by law;
(6) A binary determination regarding the presence of current significant investigative information; and
(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(c) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(d) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.
(e) It is the responsibility of the member states to monitor the data system to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state.
(f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
(Act 2026-253, §1.)
(a) The compact commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the compact commission shall have the force of law in each member state, provided that where the rules conflict with the laws or rules of a member state that relate to the scope of practice a licensed athletic trainer is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.
(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules of this compact shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule, or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the compact commission.
(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. At least 30 days in advance of the public hearing on the proposed rule, the compact commission shall provide a notice of proposed rulemaking:
(1) On the website of the compact commission or other publicly accessible platform;
(2) To persons who have requested notice of the compact commission’s notices of proposed rulemaking; and
(3) In other ways that the compact commission, by rule, may specify.
(g) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the compact commission will consider and vote on the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or other electronic means, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason therefor;
(4) A request for comments on the proposed rule from any interested person; and
(5) The manner in which interested persons may submit written comments.
(h) All hearings will be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.
(i) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this section.
(j) The compact commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed rule, provided the changes do not enlarge the original purpose of the proposed rule.
(2) The compact commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made which were recommended by commenters.
(3) The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in this section, the effective date of the rule shall be no sooner than 30 days after issuing the notice that the compact commission adopted or amended the rule.
(k) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24-hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the 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:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of compact commission or member state funds;
(3) Meet a deadline for the adoption of a rule that is established by federal law or rule; or
(4) Protect public health and safety.
(l) The compact commission or an authorized committee of the compact commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the compact 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 compact commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the compact commission.
(m) No member state’s rulemaking requirements shall apply under this compact.
(Act 2026-253, §1.)
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The compact commission may waive venue and jurisdictional defenses to the extent the compact commission adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter.
(3) The compact commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in the proceeding for all purposes. Failure to provide the compact commission service of process shall render a judgment or order void as to the compact commission, this compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the compact commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the compact commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the compact commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the compact commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the member states’ licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of the termination. The terminated state shall continue to recognize all licenses and compact privileges granted pursuant to this compact for a minimum of 180 days after the date of the notice of termination.
(g) The compact 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 compact commission and the defaulting state.
(h) The defaulting state may appeal the action of the compact commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(2) The compact commission shall adopt a rule providing for both mediation and binding alternate dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) By two-thirds majority vote, the compact commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the compact commission. The compact commission may pursue any other remedies available under federal or the defaulting member state’s law.
(2) A member state may initiate legal action against the compact commission in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the compact commission.
(Act 2026-253, §1.)
(a) This compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first seven member states (charter member states) to determine if the statute enacted and made effective by each charter member state is materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different from the model compact language shall be entitled to the default process set forth in Section 34-40-70.
b. If any member state is later found to be in default, or is terminated or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in this section to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.
(4) Any state that joins this compact subsequent to the compact commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the compact commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees and privilege holders within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of the notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until the amendment is enacted into the laws of all member states.
(Act 2026-253, §1.)
(a) This compact and the compact commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the compact commission’s rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding the foregoing, the compact commission may deny a state’s participation in the compact or terminate a member state’s participation in the compact if the compact commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
(Act 2026-253, §1.)
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.
(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(c) All permissible agreements between the compact commission and the member states are binding in accordance with their terms.
(Act 2026-253, §1.)
This chapter shall be known and may be cited as the “Alabama Professional Geologists Licensing Act.”
(Acts 1995, No. 95-399, p. 820, §1.)
(a) The Alabama Professional Geologists Licensing Act is enacted for the following purposes:
(1) To protect life, property, health, safety, public welfare, and the environment through the regulation of the practice of geology in the State of Alabama.
(2) To define the practice of geology as a profession and to establish minimum professional standards for ethical conduct, professional responsibility, education, and experience.
(3) To prevent abuses of the practice of geology by untrained or unprincipled persons.
(b) The intent of this chapter is to ensure that only those persons who are registered and licensed pursuant to this chapter, unless they are exempted from licensing, shall publicly practice, offer, or attempt to publicly practice geology or any specialty thereof, claim any specialty in geology as a professional, business, or commercial identification, title, name, representation, or claim, or otherwise hold themselves out to the public as being qualified to practice geology or any of its specialties. Only those persons licensed pursuant to this chapter may use the term “licensed professional geologist.”
(Acts 1995, No. 95-399, p. 820, §2.)
When used in this chapter, the following words have the following meanings:
(1) BOARD. The Alabama Board of Licensure for Professional Geologists.
(2) GEOLOGIST. A person who holds a degree in the geological sciences from an accredited college or university.
(3) GEOLOGIST-IN-TRAINING. A person who holds a degree in the geological sciences from an accredited college or university and who has successfully passed the part of the professional examination covering fundamental or academic geological subjects.
(4) GEOLOGY. The science dealing with the earth and its history; its constituent rocks, minerals, liquids, gases, and other materials of which it is composed, and the study of the processes responsible for the development and change in the component parts of the earth, for the benefit of mankind.
(5) GOOD MORAL CHARACTER. Character that tends to ensure the faithful discharge of the professional duties of the licensed professional geologist based on truth and adherence to ethical principles.
(6) LICENSE. A certificate issued by the board recognizing the individual named in this certificate as meeting the requirements for licensing under this chapter.
(7) LICENSED PROFESSIONAL GEOLOGIST. A person who holds a license as a professional geologist under this chapter.
(8) PUBLIC PRACTICE OF GEOLOGY. The performance of geological service or work, including, but not limited to, consultation, geological investigation, surveys, evaluations, planning, mapping, or review of geological work related to the public practice of geology, or both, in which the performance is related to the public welfare or safeguarding of life, health, property, and the environment except as otherwise specifically provided by this chapter. A person publicly practices or offers to publicly practice geology if the person does any of the following:
a. Offers to or provides geological work or services to the public in any branch of the profession of geology.
b. Represents himself or herself to be a licensed professional geologist by verbal claim, sign, advertisement, letterhead, card, or in another way.
c. Implies that he or she is a licensed professional geologist or that he or she is registered under this chapter through the use of some other title.
d. Holds himself or herself out as one who performs or is able to perform any geological services or work recognized by the board as the public practice of geology.
This definition shall not be construed to regulate or interfere with the legitimate practice of any licensed professional, other than geologists.
(9) RESPONSIBLE CHARGE OF WORK. The independent control and direction by the use of initiative, skill, and independent judgment of geological work or the supervision of such work.
(10) SPECIALTY. A branch of geology which is recognized as a subdiscipline for purposes of certification after registration as a licensed professional geologist.
(11) SUBORDINATE. A person who assists a licensed professional geologist in the public practice of geology without assuming the responsible charge of work and who is under the direction and supervision of a licensed professional geologist.
(12) UNPROFESSIONAL CONDUCT. The practice of geology by a licensed professional geologist who willfully performs any act, causes omissions, or makes any assertions or representations which are fraudulent, deceitful, or misleading, or which in any manner whatsoever discredits or tends to discredit the profession of geology.
(Acts 1995, No. 95-399, p. 820, §3.)
(a) There is created the Alabama Board of Licensure for Professional Geologists which shall administer and enforce this chapter.
(b) The board shall consist of seven members appointed by the Governor from a list of nominees submitted by the board, or any entity designated by the board. Members of the board, except for the initial board, shall be licensed professional geologists. Whenever possible the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state.
(c) Each member of the board shall be a citizen of the United States, a resident of this state for at least five years immediately preceding appointment, reside in this state during the term of office, and be at least 25 years of age.
(d) All members of the initial board shall be appointed by the Governor from a list of nominees who shall at the time of their appointment qualify for licensing under this chapter and become duly licensed during their term. Membership of the board shall include at least one representative member from each of the following professional subgroups of geologists: Faculty of the departments of geology at colleges and universities in this state that grant degrees in the geological sciences; governmental agencies employing geologists; businesses, exclusive of those exempted herein; mining industry; petroleum industry; geotechnical engineering firms; environmental engineering firms; and independent geological consultants.
(e) After the establishment of the initial board, all members of the board shall be licensed under this chapter. The term of office of each member of the board shall be three years. Notwithstanding the foregoing, of the first members appointed, two shall be appointed for a term of one year, two for terms of two years, and three for terms of three years. No member shall serve more than two consecutive three-year terms, without interruption in service of at least three years.
(f) Each term on the board shall expire on September 30 of the year in which the term expires. When the term of a member expires, the Governor shall appoint a new member or reappoint the current member for a full term under subsections (d) and (e). If a vacancy occurs, within 90 days of the vacancy the Governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term. Except for the members of the initial board, all appointments and reappointments to the board shall be made by the Governor from a list of nominees submitted by the board, or any entity designated by the board. In appointing members to the board, the Governor shall strive to achieve diversity in race, gender, geography, residence, and economic condition.
(g) The Governor may remove a member of the board only for neglect of duty, an unexcused failure to attend more than one of the regularly scheduled meetings held in a calendar year during the term in office of the member, malfeasance, violation of this chapter, or conviction of a felony or other crime of moral turpitude.
(h) Members of the board shall receive reimbursement for expenses incurred in the performance of duties of one hundred dollars ($100) per day plus mileage payable at the same rate as paid for state officers and employees for each day of actual attendance at a regular or special meeting of the board.
(i) The board may employ the necessary personnel for performance of its functions and fix their compensation. The board may appoint committees to aid in the performance of its functions.
(Acts 1995, No. 95-399, p. 820, §4; Acts 1997, No. 97-156, p. 206, §3; Act 2001-251, p. 302, §3; Act 2025-169, §3.)
(a) The board shall elect from its membership a chair, a vice chair, and a secretary-treasurer. The board shall adopt rules to govern its proceedings. A majority of the appointed membership of the board shall constitute a quorum for all meetings.
(b) The board shall, by regulation, adopt an administrative code and a code of professional conduct, which shall be published by the board and distributed to every applicant for licensing and to every licensee under this chapter. The publication shall constitute due notice to all applicants and licensees. The board shall solicit comments from the profession at large concerning these codes and may revise and amend the codes.
(c) The board shall have the authority to prepare, administer, and grade oral or written examinations, or both, as required or permitted by this chapter to test an applicant’s academic preparation and ability to apply such training to the public practice of geology. The board may take any actions necessary to prepare, administer, and grade the examinations, to determine whether the qualifications of an applicant for licensing meet the minimum standards set forth in this chapter, and to issue a license to each successful applicant. The board shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for licensing as a professional geologist or in any specialty of geology. The examination questions, correct answers, and any individual applicant’s completed examination shall be available to the board. The board shall retain the authority to determine a passing grade for purposes of registration as a professional geologist in this state.
(d) The board shall consider all applications for licensing as a professional geologist or certification in any specialty thereof recognized by the board pursuant to this chapter and issue licenses as provided in this chapter. The board shall adopt a seal which shall be affixed to all licenses issued by the board.
(e) The board may authorize necessary expenditures to implement this chapter from the fees which it collects. The expenditures shall not exceed the revenues of the board during any fiscal year.
(f) The board shall meet within 30 days after a quorum of its first members is appointed, and thereafter shall hold at least three regular meetings each year. The board may provide for additional special meetings including hearings, extra working days for applications review, and examination proctoring. Minutes of each meeting of the board, recording the members present and the business taken, shall be signed and kept by the secretary-treasurer or an assistant secretary appointed by the board.
(g) The board shall establish and receive reasonable and necessary fees to be charged the applicants and registrants to support the administration and enforcement of this chapter. The secretary-treasurer shall prepare, certify, and file an annual report of all the receipts, expenditures, and fund balances with the state Comptroller.
(h) The board shall approve licensing through comity for any individual already licensed as a professional geologist or the equivalent in any other state, territory, or possession of the United States, or the District of Columbia, if the license is current and, in the opinion of the board, the license was issued in compliance with licensing requirements that are substantially the same as, or more stringent than, those established pursuant to this chapter. The board may require additional proof of experience, if desired.
(i) The board shall renew and reissue certificates as provided in this chapter. As a condition of reissuance or renewal, the board shall have the authority to require, in general or in individual cases, evidence of continued competence in the practice of geology through means such as, but not limited to, the review of qualifications, experiences, and requirements for continuing professional education.
(j) Each present and former member of the board, its agents, employees, and members of committees appointed by the board to assist the board in carrying out its duties and responsibilities, shall be exempt from civil liability for any act or omission occurring while acting in an official capacity. The Attorney General or his or her appointed designee shall, without assessing charges to the board for legal services, defend the board and each present and former member of the board, its agents, employees, and members of committees appointed by the board in any action arising from any act or omission. The Attorney General or his or her appointed designee shall act as legal advisor to the board.
(k) The board may investigate all reasonably documented complaints of violations of this chapter and of unprofessional conduct by licensed and nonlicensed geologists. The board shall have the authority to refuse issuance or renewal of a license or to suspend or revoke a license. The board may impose sanctions including restrictions on the practice of any registrant or of a person, firm, or corporation practicing under the limitations of this chapter, for violations of this chapter or the rules and regulations promulgated hereunder.
(l) The board shall have the power to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of evidence, and shall have the authority to issue cease and desist orders and to seek injunctions against violations of this chapter or the rules and regulations promulgated hereunder, as provided herein.
(m) The board shall, within one year of its appointment, establish between it and the Alabama State Board of Professional Engineers and Land Surveyors, a memorandum of understanding, containing guidelines for resolving jurisdictional concerns that may arise between registered engineers and registered geologists.
(n) The board shall have all other powers and authority consistent with this section, not enumerated herein, as are necessary for the administration and enforcement of this chapter.
(Acts 1995, No. 95-399, p. 820, §5.)
There is established a separate revenue trust fund in the State Treasury to be known as the “Alabama Board of Licensure for Professional Geologists Fund.” All receipts and disciplinary fines collected by the board under this chapter shall be deposited in this fund and used only to implement this chapter. Monies shall be disbursed by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board or an authorized designee. 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 bill or other appropriation bills.
(Acts 1995, No. 95-399, p. 820, §6.)
(a) Except as provided in this section, any person who publicly practices, or offers or attempts to publicly practice, geology in the State of Alabama is subject to this chapter.
(b) The following persons are exempt from licensing under this chapter:
(1) Persons engaged solely in teaching of geology or related physical or natural sciences, and persons engaged solely in geologic research conducted through academic institutions, agencies, or government and nonprofit research organizations.
(2) Officers and employees of the United States of America and the State of Alabama practicing solely as officers and employees.
(3) Officers and employees of businesses and industries practicing solely as officers and employees, and individuals if they do not offer their professional services to the public for hire and are not engaged in activities that require the signature of a licensed professional geologist.
(4) Officers and employees of companies and corporations practicing solely as such officers and employees who work as a sole proprietorship in mining and mineral exploration and development and who do not offer their professional services to the public for hire or who are not engaged in activities that require the signature of a licensed professional geologist.
(5) Officers and employees of companies and corporations and individuals who work as a sole proprietorship in oil and/or gas exploration and development.
(6) A person who is subordinate to a licensed professional geologist or who is a geologist-in-training licensed under this chapter but only insofar as he or she acts solely in that capacity. This exemption does not permit the subordinate to practice geology or use the term “licensed professional geologist.”
(Acts 1995, No. 95-399, p. 820, §7.)
(a) This chapter does not prohibit one or more geologists from practicing through the business organizations of a sole proprietorship, partnership, corporation, or professional association. In a partnership, corporation, or professional association, in which the primary activity consists of geological services affecting the public welfare and which require licensing pursuant to this chapter, at least one partner or officer shall be a licensed geologist.
(b) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other law of this state, including, but not limited to, the practice of registered professional engineers from lawfully practicing soil mechanics, foundations engineering, and other professional engineering, licensed architects or landscape architects from lawfully practicing architecture or landscape architecture, licensed land surveyors from lawfully practicing surveying, or the practice of soil science by certified professionals.
(2) The public practice of geology by a person who is not a resident of this state and who has no established place of business in this state, when that practice does not exceed in the aggregate more than 90 days in any calendar year, provided the person is duly licensed to practice the profession in another state where the requirements for a license are not less than those specified in this chapter for obtaining the license required for the work. Within 10 days of entering this state for commencing of the work, a nonresident claiming an exemption under this subdivision shall file a statement with the board which includes his or her name, residence, and license number, and by what authority the license was issued. Upon the completion of the work, the person shall file a statement of the time engaged in the work within the state.
(Acts 1995, No. 95-399, p. 820, §8.)
An application for licensing as a professional geologist or a geologist-in-training shall be made under oath and shall show: (1) the education of the applicant; (2) a detailed summary of his or her actual geological work experience; (3) a signed statement that the applicant has read and shall adhere to the code of professional conduct adopted by the board; and (4) not less than five references, three or more of whom shall be geologists having personal knowledge of the geologic experience of the applicant. The board shall determine a reasonable application fee which shall accompany each application.
(Acts 1995, No. 95-399, p. 820, §9.)
(a) An applicant is eligible for a license as a professional geologist in the State of Alabama if the applicant meets the following minimum requirements:
(1) Is of good moral character.
(2) Has graduated from an accredited college or university with a degree in geology, engineering geology, or one of the related geological sciences if the applicant has completed a minimum of 30 semester hours or their equivalent of course work in geological science. The appropriate college or university shall document educational experience by submitting a certified written reference or certified transcript directly to the board.
(3) Has at least five years of full-time professional geological work after receipt of a bachelor’s degree, either as a geologist-in-training or in geologic work related to the public practice of geology which is satisfactory to the board. The following criteria of education and experience qualify toward accumulation of the required years of professional work:
a. The board, at its discretion, may give a maximum of one year’s credit for each graduate degree in geology, engineering geology, or one of the related geological sciences.
b. The board may consider work in related fields as acceptable work experience.
c. In all cases, the board shall determine if the applicant has demonstrated his or her ability by having gained experience by performing work in a responsible position. The adequacy of the required supervision and experience shall be documented to the board as described hereinbelow.
d. Professional geologic research of applicants either teaching at the college or university level or in research agencies of state or federal government shall be credited and applied toward the professional requirements herein, provided the work or research in the geological sciences can be documented in writing and is demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements as set forth above.
e. The professional geologic work experience of the applicant shall be documented in writing. Except as otherwise provided in this subdivision, work experience obtained before receipt of a bachelor’s degree shall not be accepted as credit toward professional geologic work experience.
(4) Passes an examination which is designed to demonstrate that the applicant has the necessary knowledge and requisite skill to exercise the responsibilities of the public practice of geology.
(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(b) The board shall waive the requirements of subdivision (4) of subsection (a) if the applicant meets all other requirements of this chapter and makes written application to the board not later than one year after the initial board requests applications.
(Acts 1995, No. 95-399, p. 820, §10; Act 2009-39, p. 137, §3.)
Annual examinations shall be formulated and conducted by the board at a time and place the board shall determine. The board shall by regulation establish the fee required for examination.
(Acts 1995, No. 95-399, p. 820, §11.)
(a) Upon payment of a license fee the board shall issue a biennial license to any applicant who has satisfactorily met all the requirements of this chapter. Licenses shall show the full name of the licensee, give a serial number, and shall be signed by both the chair and secretary-treasurer of the board under the seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a licensed professional geologist while the license remains in full force and effect.
(b) Each license expires on a biennial basis or at another interval determined by the board unless the license is renewed. An application for renewal shall be filed with the board and shall be accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee, provided the renewal applicant meets all other provisions established by the board.
(c) An applicant for renewal of a license shall have satisfactorily maintained continuing education requirements as specified by the board.
(d) A new license to replace any license lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee established by the board.
(Acts 1995, No. 95-399, p. 820, §12.)
If, in the opinion of the board, there is a need, in addition to licensing as a professional geologist, for more definitive recognition of geologic expertise, qualified persons may also be eligible for certification in a specialty. Specialties may be created by the board after notice to all Alabama licensed professional geologists of a hearing to explain the proposed specialty or specialties and after approval of the proposed specialty or specialties by a majority of all Alabama licensed professional geologists. Specialties shall be created by regulations which shall contain any required additional qualifications or limitations. Only licensed professional geologists shall be eligible for certification in a specialty. Applications may be submitted for both licensing and certification in a specialty at the same time, but the applicant shall be approved for licensing as a professional geologist before being considered for certification in a specialty. The certification in a specialty is dependent, in every case, upon the approval of licensing as a professional geologist.
(Acts 1995, No. 95-399, p. 820, §13.)
(a) Each geologist, upon the issuance of a license, shall obtain from the secretary-treasurer of the board or his or her designee, at a cost prescribed by the board, a seal of the design authorized by the board bearing the name of the licensee and the legend “Licensed Professional Geologist - State of Alabama” together with the serial number of the licensee. A licensed professional geologist shall approve, sign, and affix his or her seal to all drawings, reports, or other geologic papers, or documents involving the public practice of geology which have been prepared by the licensed professional geologist or a subordinate employee under the direction of the licensed professional geologist for the use of, or for delivery to, any person or for public record within the State of Alabama.
(b) A qualified nonresident geologist practicing geology in the State of Alabama under temporary approval of the board shall sign and impress with his or her authorized licensed seal all drawings, reports, or other geologic papers, or documents involving the public practice of geology which have been prepared by a licensed geologist or a subordinate employee under his or her direction for the use of, or for delivery to, any person or for public record within the State of Alabama.
(Acts 1995, No. 95-399, p. 820, §14.)
(a) The board shall keep a register of all applications for licensing. The register shall include:
(1) The name, age, and address of each applicant.
(2) The date of the application.
(3) The place of business of the applicant.
(4) The education of the applicant and other pertinent qualifications.
(5) Whether an examination was required.
(6) Whether the applicant was licensed in another state.
(7) Whether the license was granted.
(8) The dates of the actions by the board.
(9) Any other information deemed necessary by the board.
(b) All official records of the board or affidavits by the secretary-treasurer of the board as to the content of such records shall be prima facie evidence of all matters required to be kept therein.
(c) The board shall treat as confidential and not subject to disclosure, except to the extent required by law or by rule or regulation of the board, individual test scores and applications and material relating thereto, including letters of reference relating to an application.
(Acts 1995, No. 95-399, p. 820, §15.)
The secretary-treasurer of the board shall publish biennially a roster showing the names, license numbers, places of business, and business and residence addresses of all professional geologists licensed in Alabama. Copies of this roster shall be made available to the public upon request and payment of a reasonable fee.
(Acts 1995, No. 95-399, p. 820, §16.)
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.
(Acts 1995, No. 95-399, p. 820, §17.)
(a) It is unlawful for any person except a licensed professional geologist or a subordinate under his or her direction, as defined in Section 34-41-7(b)(6); a geologist explicitly exempt from licensing pursuant to Section 34-41-7; and those persons explicitly exempt under Section 34-41-8(b)(1) to prepare any geologic plans, reports, or documents which relate to the public welfare or safeguarding of life, health, property, or the environment.
(b) It is unlawful for any person to publicly practice, offer or attempt to publicly practice geology, use in connection with his or her name or otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed professional geologist, unless that person has been duly licensed.
(c) One year after the initial board calls for applications, it shall be unlawful for anyone other than a professional geologist licensed under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a licensed professional geologist, use in any manner the seal or stamp of a licensed professional geologist, or use in any manner the title “licensed professional geologist” unless that person is licensed hereunder or temporarily approved for geologic work as specified under Section 34-41-14.
(d) It is unlawful for any person to affix his or her signature to or to stamp or seal any plans, plats, reports, or other documents as defined by the rules of the board after the license of the person named thereon has expired or has been suspended or revoked.
(Acts 1995, No. 95-399, p. 820, §18.)
The board may refuse to grant or renew, or may suspend or revoke the license of any person licensed under this chapter who:
(1) Has violated this chapter or any rule or regulation of the board.
(2) Has been convicted of a misdemeanor under this chapter.
(3) Has been found guilty of gross unprofessional conduct, dishonest practice, incompetence, including but not limited to obtaining a license under this chapter through fraud or deceit, and aiding or abetting another person in obtaining a license by fraud or deceit.
(4) Has been convicted of a criminal felony charge impinging on the moral and ethical character of the individual and the profession.
(5) Has suffered revocation, suspension, or denial of a certificate or license to practice geology for any reason in another state.
(Acts 1995, No. 95-399, p. 820, §19.)
(a) The board shall develop procedures for investigation, prehearing, and hearing of disciplinary actions.
(b) Any person aggrieved by a decision of the board other than a decision in a disciplinary action may petition the board for a hearing.
(c) Judicial review of the final decision of the board is available in the manner prescribed by the Alabama Administrative Procedure Act.
(Acts 1995, No. 95-399, p. 820, §20.)
The board may issue a license to any person whose license has been revoked, when the board finds upon written application by the applicant and a review of the facts that there is good cause to justify reissuance.
(Acts 1995, No. 95-399, p. 820, §21.)
Any person who does any of the following is guilty of a Class B misdemeanor:
(1) Willfully publicly practices, or offers or attempts to publicly practice, geology for other natural or corporate persons in Alabama without being licensed in accordance with this chapter or hereby exempted.
(2) Presents or attempts to use as his or her own, the certificate of licensure or seal of another.
(3) Gives false or forged evidence of any kind in obtaining a license.
(4) Impersonates any other licensee.
(5) Attempts to use an expired or revoked license or practices at any time during which the board has suspended or revoked the license.
(6) Violates any provision of this chapter.
(Acts 1995, No. 95-399, p. 820, §22.)
As an additional remedy, the board may proceed in a court of an appropriate jurisdiction to enjoin and restrain any person for violating this chapter. The board shall not be required to post bond in connection with obtaining provisional, preliminary, or permanent injunctive relief pursuant to law.
(Acts 1995, No. 95-399, p. 820, §23.)
The Alabama Board of Licensure for Professional Geologists shall be subject to the provisions of the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-20-3. The board shall dissolve on October 1, 1997, unless continued as therein provided and, if continued, the board shall be reviewed every four years thereafter.
(Acts 1995, No. 95-399, p. 820, §25.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §2; Act 2000-704, p. 1430, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §3; Act 2000-704, p. 1430, §1; Act 2011-169, p. 324, §3; Act 2017-383, §3; Act 2022-408, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §4.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §5; Act 2000-704, p. 1430, §1; Act 2009-741, p. 2218, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §6; Act 2000-704, p. 1430, §1; Act 2007-201, p. 242, §3; Act 2011-169, p. 324, §3; Act 2022-408, §1; Act 2023-490, §3.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §7; Act 2022-408, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §8; Act 2022-408, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §9; Act 2000-704, p. 1430, §1; Act 2001-1103, 4th Sp. Sess., p. 1166, §1; Act 2008-129, p. 185, §3; Act 2022-408, §1; Act 2023-490, §3.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-408 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1996, No. 96-661, p. 1060, §10; Act 2000-704, p. 1430, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §11; Act 2000-704, p. 1430, §1; Act 2022-408, §1; Act 2023-490, §3.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §12; Act 2018-506, §11; Act 2022-408, §1.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §13; Act 2000-704, p. 1430, §1; Act 2018-506, §11.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §14; Act 2018-506, §11; Act 2022-408, §1; Act 2023-490, §3.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §15; Act 2000-704, p. 1430, §1; Act 2018-506, §11; Act 2022-408, §1; Act 2023-490, §3.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §16.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §17.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §18.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 360, §19.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 360, §20; Act 2022-408, §1; Act 2023-490, §3.)
[Repealed]
REPEALED BY ACT 2024-361, EFFECTIVE JUNE 1, 2024.
(Acts 1996, No. 96-661, p. 1060, §21; Act 2000-704, p. 1430, §1; Act 2004-76, p. 101, §3; Act 2022-408, §1; Act 2023-490, §3.)
This chapter shall be known and may be cited as the Alabama Massage Therapy Licensing Act.
(Act 2024-361, §3)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For purposes of this chapter, the following terms have the following meanings:
(1) ADVERTISE. To distribute a card, flier, sign, or device to any individual or entity, or allow any sign or marking on any building, radio, television, or to publicize by any other means designed to attract public attention.
(2) BOARD. The Alabama Massage Therapy Licensing Board created by this chapter.
(3) EMERGENCY ORDER. The immediate suspension of a license without a hearing when the board determines that public safety is at immediate risk. An emergency order requires a licensee to cease practice pending a formal hearing. The term may also be referred to as the summary suspension of a license.
(4) EXAMINATION. The National Certification Board for Therapeutic Massage and Bodywork Examination or the Federation of State Massage Therapy Board’s Massage and Bodywork Licensing Examination administered by an independent agency or another nationally or internationally accredited examination administered by an independent agency approved by the board, or state examination administered by the board or, at the discretion of the board, a state examination administered by the appropriate regulating body for massage therapy located in another state. The national examination shall be accredited by the National Commission for Certifying Agencies. The board may also administer a written, oral, or practical examination.
(5) EXECUTIVE DIRECTOR. The Executive Director of the Alabama Massage Therapy Licensing Board.
(6) LICENSE. The credential issued by the board which allows the holder to engage in the safe and ethical practice of massage therapy.
(7) MASSAGE THERAPIST. An individual licensed pursuant to this chapter who practices or administers massage therapy or related touch therapy modalities to a client for compensation.
(8) MASSAGE THERAPY ESTABLISHMENT. A site, premises, or business licensed by the board where massage therapy is practiced by a massage therapist.
(9) MASSAGE THERAPY INSTRUCTOR. A massage therapist who is approved by the board to teach the practice of massage therapy.
(10) MASSAGE THERAPY or RELATED TOUCH THERAPY MODALITIES. a. The mobilization of the soft tissue which may include skin, fascia, tendons, ligaments, and muscles for the purpose of establishing and maintaining good physical condition.
b. The term includes effleurage, petrissage, tapotement, compression, vibration, stretching, heliotherapy, superficial hot and cold applications, topical applications, or other therapy that involves movement either by hand, forearm, elbow, or foot, or use of manual methods or mechanical or electrical devices or tools that mimic or enhance the action of human hands for the purpose of therapeutic massage, and any massage, movement therapy, massage technology, myotherapy, massotherapy, oriental massage technique, structural integration, acupressure, or polarity therapy.
c. The term may include the external application and use of herbal or chemical preparations and lubricants including, but not limited to, salts, powders, liquids, nonprescription creams, mechanical devices such as cups, T-bars, thumpers, body support systems, heat lamps, hot and cold packs, salt glow, steam cabinet baths, or hydrotherapy.
d. The term does not include laser therapy, microwave, injection therapy, manipulation of the joints, or any diagnosis or treatment of an illness which normally involves the practice of medicine, chiropractic, physical therapy, podiatry, nursing, midwifery, occupational therapy, veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or naturopathics.
(11) MASSAGE THERAPY SCHOOL. A school approved by the board where massage therapy is taught and which is one of the following:
a. If located in Alabama, approved by the board as meeting the minimum established standards of training and curriculum as determined by the board.
b. If located outside of Alabama, recognized by the board and by a regionally recognized professional accrediting body.
c. A postgraduate training institute accredited by the Commission on Massage Therapy Accreditation.
(12) SEXUALLY-ORIENTED BUSINESS. A sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has the offering for sale, rent, or exhibit, or the exhibit of, items or services intended to provide sexual stimulation or sexual gratification to the client.
(13) STUDENT. Any individual who is enrolled in a massage therapy school.
(Act 2024-361, §3; Act 2025-395, §2.)
Except as specifically provided by this chapter, no individual may do any of the following unless licensed pursuant to this chapter:
(1) Advertise that he or she performs massage therapy or related touch therapy modalities.
(2) Hold himself or herself out to the public as a massage therapist, using any name or description denoting himself or herself as a massage therapist, or purporting to have the skills necessary to perform massage therapy.
(3) Practice massage therapy on the general public for compensation.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The following individuals, offices, and establishments are exempt from this chapter:
(1) A student who is rendering massage therapy services under the supervision of a massage therapy instructor. A student shall be designated by title clearly indicating his or her training status.
(2) An individual practicing massage therapy pursuant to a temporary permit issued by the board.
(3) A qualified member of another profession who is licensed and regulated under state law rendering services that are within the scope of his or her license, provided that the individual does not represent himself or herself as a massage therapist.
(4) An individual providing massages to his or her immediate family.
(5) An individual offering massage therapy instruction who is visiting from another state, territory, or country, provided that the individual is licensed or registered as required in his or her place of residence. A visiting instructor may teach continuing education courses in this state for up to 100 hours per year without being licensed by the board. A visiting instructor who teaches continuing education courses in this state for 100 hours or more per year is required to be licensed by the board.
(6) Members of the Massage Emergency Rescue Team (MERT), or any other nationally or internationally recognized disaster relief association, who practice massage therapy in this state only during a time declared by the Governor or the Legislature to be a city, county, or state emergency. These therapists may work in this state for a period of time approved by the board.
(7) A Native American healer using traditional healing practices. A Native American healer who applies to the board for a massage therapist license shall comply with all licensing requirements.
(8) An individual acting under the supervision of and pursuant to delegation from a physician, a physical therapist, or a chiropractor for whom the delegated acts are within the scope of the license of the physician, physical therapist, or chiropractor, provided that the individual does not represent himself or herself as a massage therapist.
(9) The office of a chiropractor, physician, or physical therapist which employs or contracts with a massage therapist to provide massage therapy at the physical location of the office is exempt from an establishment license.
(b) Nothing in this chapter shall be construed to authorize massage therapists to administer, dispense, or prescribe drugs or engage in the practice of medicine in any manner, including, but not limited to, nutrition, diagnosing or prescribing drugs for mental, emotional, or physical disease, illness, or injury.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a)(1) There is created the Alabama Massage Therapy Licensing Board. The purpose of the board is to protect the health, safety, and welfare of the public by ensuring that massage therapists, massage therapy schools, massage therapy establishments, and massage therapy instructors meet prescribed standards of education, competency, and practice. To accomplish this mission, the board shall establish standards to ensure completion of all board functions in a timely and effective manner and to provide open and immediate access to all relevant public information. The board shall communicate its responsibilities and services to the public as part of its consumer protection duties. The board shall develop and implement a long range plan to ensure effective regulation and consumer protection.
(2) All rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Board of Massage Therapy, formerly created and functioning pursuant to Chapter 43, or in any other name by which that board has been known, shall continue in the name of the Alabama Massage Therapy Licensing Board. Any reference to the former Alabama Board of Massage Therapy, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Massage Therapy Licensing Board as created in this chapter. All actions of the former Alabama Board of Massage Therapy or the executive director of the former board taken prior to June 1, 2024, are approved, ratified, and confirmed.
(3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Board of Massage Therapy on June 1, 2024, shall continue under the jurisdiction of the Alabama Massage Therapy Licensing Board.
(b)(1) The board shall consist of the following nine members:
a. Three active licensees appointed by the Governor.
b. Two active licensees appointed by the Lieutenant Governor and one at-large member appointed by the Lieutenant Governor.
c. Two active licensees appointed by the Speaker of the House of Representatives and one at-large member appointed by the Speaker of the House of Representatives.
(2) The seven active massage therapist licensee members of the board shall be appointed so that not more than one active licensee member from each United States Congressional District in the state is appointed to serve at the same time. The two members appointed from the state at-large shall have never been licensed as massage therapists nor have had any direct financial interest in the massage therapy profession. One of the at-large members shall have extensive knowledge of sex trafficking and related law enforcement efforts to defeat sex trafficking. The at-large member appointed by the Lieutenant Governor and the at-large member appointed by the Speaker of the House of Representatives shall be appointed from a list of three names each provided by the Minority Leader of the Senate and the Minority Leader of the House of Representatives, respectively. The appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(3) Each board member shall be selected upon personal merit and qualifications, not per membership or affiliation with an association. Each board member shall be a citizen of the United States and a resident of this state for two years immediately preceding appointment. No member of the board shall serve more than two full consecutive terms.
(c) Of the initial nine appointees to the board, three members shall be appointed for terms of two years, three members shall be appointed for terms of three years, and three members shall be appointed for terms of four years as determined by lot. Thereafter, successors shall be appointed for terms of four years, each term expiring on June 30.
(d) Vacancies on the board occurring prior to the expiration of a term shall be filled by the original appointing authority within 30 days after the vacancy to serve for the remainder of the unexpired term. Each member of the board shall serve until his or her successor has been duly appointed and qualified.
(e) The board shall hold its first meeting within 30 days after the initial members are appointed. At the first meeting and annually thereafter in the month of November, the board shall elect a chair and a vice chair from its membership. The board shall hold no less than two meetings per year. The board may hold additional meetings at the discretion of the chair and four members of the board. A quorum of the board shall be a majority of the current appointed board members. Upon the written request of any individual, submitted to the board at least 24 hours in advance of a scheduled meeting, the meeting shall be recorded electronically, and a copy of the recording shall be made available, upon request, for 30 calendar days following the date of the recording.
(f) Board members shall not receive compensation for their services, but shall receive the same per diem and allowance as provided to state employees for each day the board meets and conducts business.
(g)(1) Commencing on September 30, 2026, the board may employ, and at its pleasure discharge, an executive director in the unclassified service, officers, and employees subject to the state Merit System as necessary to implement this chapter.
(2) When necessary, the board may retain outside counsel who satisfies the qualifications required of a deputy attorney general.
(h) An affirmative vote of a majority of the members of the board shall be required to deny, suspend, revoke, probate, reprimand, or otherwise discipline a licensee holding a license to practice massage therapy or a license to operate a massage therapy establishment.
(i) The board shall be financed only from income accruing to the board from fees, licenses, other charges and funds collected by the board, and any monies that are appropriated to the board by the Legislature.
(j) A board member may be removed at the request of the board for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, permanent inability to perform official duties, or failing to attend two consecutive properly noticed meetings within a one-year period.
(k) Members of the board are immune from liability for all good faith acts performed in the execution of their duties as members of the board.
(l) Appointees to the board shall take the constitutional oath of office and shall file the oath in the office of the Governor before undertaking any duties as a board member.
(Act 2024-361, §5; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The board shall do all of the following:
(1) Establish qualifications for licensing and issue licenses to successful applicants.
(2) Adopt a seal and affix the seal to all licenses issued by the board.
(3) Create application forms for examination and licensing and assess and collect fees pursuant to this chapter.
(4) Maintain a complete record of all massage therapists and annually prepare a roster of the names and license numbers of those licensees. A copy of the roster shall be provided to any individual upon request and the payment of a fee established by the board in an amount sufficient to cover the costs of publication and distribution.
(5) Provide for the investigation of any individual or entity who is suspected of violating this chapter.
(6) Adopt and revise rules as necessary to implement this chapter pursuant to the Administrative Procedure Act.
(7) Provide a copy of this chapter, upon request, to any licensee or applicant for a license.
(8) By rule, require massage therapists, massage therapy establishments, and massage therapy schools to carry professional and general liability insurance with an “A” rated or better insurance carrier in the amount of at least one million dollars ($1,000,000). Proof of coverage shall be provided to the board upon request.
(9) Perform other functions necessary and proper for the performance of official duties.
(b) The board may do any of the following:
(1) Adopt and from time to time revise rules, not inconsistent with law, as may be necessary to implement this chapter.
(2) Examine, license, and renew the licenses of qualified applicants applying for a license as a massage therapist, massage therapy establishment, or massage therapy instructor.
(3) Conduct investigations, hearings, and proceedings concerning alleged violations of this chapter or rules adopted pursuant to this chapter.
(4) Issue subpoenas, compel the attendance of witnesses, and administer oaths to individuals giving testimony at hearings.
(5) Pursue the prosecution of any individual who violates this chapter and incur necessary related expenses.
(6) Keep a public record of all proceedings.
(7) Prescribe standards and approve curricula for educational programs that prepare individuals for licensing under this chapter.
(8) Provide for surveys and evaluations of educational programs as the board determines necessary.
(9) By rule, establish criteria for certifying massage therapy instructors.
(10) Adopt an annual budget and authorize necessary expenditures from fees and other available appropriations.
(11) Adopt a code of ethics for massage therapists, massage therapy instructors, and massage therapy establishments.
(12) Provide for the inspection of the business premises of any licensee, applicant, or individual or entity advertising, offering to perform, or performing massage therapy in the state during normal business hours.
(13) Establish standards for approved massage therapy schools and a list of approved massage therapy schools.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No individual may perform the duties of a massage therapist in this state unless he or she holds a valid license issued by the board.
(b) A massage therapist may not perform massage therapy for a sexually-oriented business, and shall be subject to Article 3 of Chapter 12 of Title 13A.
(c) A massage therapist may not advertise or offer to perform services outside the scope of his or her expertise, experience, and education for any client who is ill or has a physical dysfunction, unless the services are performed in conjunction with a licensed physician, physical therapist, or chiropractor.
(d) A massage therapist or massage therapy establishment may not advertise or offer to perform services on any sexually explicit website or online platform that promotes prostitution, sexually explicit services, or human trafficking.
(e) Unless exempt pursuant to Section 34-43A-4, a massage therapist may only perform massage therapy services at or through a licensed massage therapy establishment. If a massage therapist is performing outcall massage therapy services, those services shall be provided through a licensed massage therapy establishment.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) An individual desiring to be licensed as a massage therapist shall apply to the board on forms provided by the board. Unless licensed pursuant to subsection (b), an applicant for a license shall submit evidence satisfactory to the board that he or she has met all of the following requirements:
(1) Successfully completed a course of instruction in massage therapy which meets the minimum criteria established by board rule for course content and hours of instruction. To perform therapeutic massage on an animal, a massage therapist shall have also graduated from a nationally approved program and completed at least 100 hours of postgraduate training and education in animal anatomy, pathology, and physiology for the specific type of animal upon which he or she will perform therapeutic massage.
(2) Successfully passed a state board exam or a national standardized examination approved by the board. The board may approve other state exams on a case-by-case basis.
(3) Completed a criminal history background check pursuant to Section 34-43A-13(c). The board may deny or discipline an applicant who has been convicted of a felony or of any crime arising out of or connected with the practice of massage therapy.
(4) Paid all applicable fees.
(5) Additional requirements as provided by rule.
(b) Notwithstanding the requirements listed in subdivisions (a)(1) and (a)(2), the board may license an applicant who is licensed or registered to practice massage therapy in another state if the standards of practice or licensing of that state, at the time the applicant was originally licensed or registered, were equal to or stricter than the requirements imposed by this chapter. All applicants may be subject to an initial in-person board hearing at the discretion of the board.
(c) Upon receipt of an application, the board shall notify the applicant that his or her application is complete and shall also notify the applicant upon the approval of his or her application. An application is not complete until all components of the application have been received and all criminal history information has been delivered to the board. If an application is proposed to be rejected, the applicant shall be entitled to a hearing on his or her application.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No massage therapy establishment shall operate in this state without a license issued by the board.
(b) A sexually-oriented business may not operate as a massage therapy establishment or be licensed by the board pursuant to this chapter.
(c) A massage therapy establishment shall contract with or employ only licensed massage therapists to perform massage therapy. Each establishment shall notify the board of every massage therapist who performs massage therapy at or through the massage therapy establishment, and one of those massage therapists shall be designated as the individual who will ensure that the massage therapy establishment complies with state law and all applicable administrative rules.
(d) A massage therapy establishment license is not assignable or transferable.
(e) If the holder of a massage therapy establishment license moves the location of the massage therapy establishment without changing either the name or ownership of that massage therapy establishment, the board may waive the new establishment license fee, if documentation set by rule of the board is approved. This subsection shall not change the expiration date of a massage therapy establishment license. The new location is subject to an inspection before any massage therapy services are performed at the new location.
(f)(1) Except as provided in subdivision (2), each applicant for an initial massage therapy establishment license shall complete a criminal history background check pursuant to rules adopted by the board.
(2) An applicant for a massage therapy establishment license who is a massage therapist and has completed a criminal history background check as required by the board within the preceding two years shall be exempt from completing the criminal history background check required in subdivision (1).
(3) An applicant for a massage therapy establishment license shall be the owner, lessee, or legal possessor of the physical establishment.
(g) The physical location of a proposed massage therapy establishment shall be subject to an initial inspection by the board before a massage therapy establishment license is granted to the applicant. A massage therapy establishment that provides only outcall massage therapy services must designate a physical location at which records and equipment are available for inspection.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Applications for licensing and renewal of a license shall be on forms provided by the board and shall be accompanied by the applicable fee. All documents shall be submitted in English.
(b) The board may deny the application of any applicant who refuses to complete a criminal history background check as required by the board and provided in Section 34-43A-13(c).
(c) The board shall issue a license to each individual who qualifies to be a massage therapist and to each qualified applicant for a massage therapy establishment license. A license issued by the board grants all professional rights, honors, and privileges relating to the practice of massage therapy.
(d) Each massage therapist shall display his or her license in the manner specified by the board. Each massage therapy establishment shall prominently post its license and the license of each massage therapist who practices within the massage therapy establishment in plain sight at the massage therapy establishment.
(e) The board may inspect establishments at any time during normal business hours to ensure compliance with state law and board rules.
(f) A license is the property of the board and shall be surrendered upon demand of the board.
(Act 2024-361, §3.; Act 2025-395, §2)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) With the exception of massage therapy schools, which register annually, each license shall be renewed biennially, on or before the anniversary date, by forwarding to the board a renewal application accompanied by the renewal fee. Except as provided in Section 34-43A-5(a)(3), any license not renewed biennially on or before the anniversary date shall expire.
(b) Each licensee, upon application for renewal of a license, shall do both of the following:
(1) Submit evidence of satisfactory completion of the continuing education requirements pursuant to Section 34-43A-19.
(2) Complete a new criminal history background check pursuant to rules adopted by the board. The board may deny the application for renewal of any licensee who refuses to complete a criminal history background check as required by the board.
(c) Licenses are valid for two years from the date of issuance. An individual whose license has expired and who has ceased to practice massage therapy for a period of not longer than five years may have his or her license reinstated upon payment of a reactivation fee, the submission of a renewal application, and evidence satisfactory to the board that the applicant has fulfilled continuing education requirements, completed a criminal history background check as provided in Section 34-43A-13(c), paid the criminal history background check fee, and passed the examination.
(Act 2024-361, §3.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The board, by rule, may establish and collect reasonable fees.
(b) Commencing on June 1, 2024, the name of the separate special revenue trust fund in the State Treasury known as the Alabama Board of Massage Therapy Fund shall be renamed and then known as the Alabama Massage Therapy Licensing Board Fund. All receipts collected by the board under this chapter shall be deposited in this fund and used only to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Any individual may file with the board a written complaint regarding an allegation of impropriety by a massage therapist, massage therapy establishment, or other individual or entity. Complaints shall be made in the manner prescribed by the board.
(b) The executive director shall provide for an investigation of the complaint and, if probable cause is found, may initiate an administrative proceeding. Upon a finding that the licensee or applicant for licensing has committed any of the following misconduct, the board may suspend, revoke, probate, reprimand, otherwise discipline, or refuse to issue or renew a license or impose a civil penalty after notice and opportunity for a hearing pursuant to the Administrative Procedure Act:
(1) Obtained or attempted to obtain a license by means of fraud, misrepresentation, fraudulent transcripts, invalidated exam scores, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensing.
(2) Sold or bartered, or offered to sell or barter, a license for a massage therapist or a massage therapy establishment.
(3) Has engaged in unprofessional conduct that has endangered or is likely to endanger the health, safety, and welfare of the public, as defined by the rules of the board.
(4) Has been convicted of a felony or of any crime arising out of or connected with the practice of massage therapy.
(5) Has violated or aided and abetted in the violation of this chapter.
(6) Is adjudicated as mentally incompetent by a court of law.
(7) Uses controlled substances or habitually and excessively uses alcohol.
(8) Engaged in false, deceptive, or misleading advertising.
(9) Engaged in or attempted to or offered to engage a client in sexual activity, including, but not limited to, genital contact, within the client-massage therapist relationship.
(10) Has knowingly allowed the massage therapy establishment to be used as an overnight sleeping accommodation.
(11) Had a license revoked, suspended, or denied in any other territory or jurisdiction of the United States for any act described in this section.
(12) Was convicted of impersonating a massage therapist in another jurisdiction.
(c)(1) Subsequent to an official complaint, and for other requirements established by this chapter, including for the purpose of determining an applicant’s suitability for a license to practice massage therapy, the board may request a criminal history background check of the licensee or applicant for licensing pursuant to a schedule created by rule of the board. The applicant or licensee shall submit a full set of fingerprints to the board for the purpose of obtaining a state and national criminal history background check.
(2) Fingerprints obtained pursuant to subdivision (1) may be exchanged by the board, the Alabama State Law Enforcement Agency, or any successor entity thereof, or any channeler approved by the board, with the Federal Bureau of Investigation for the purpose of obtaining a state and national criminal history background check.
(3) The applicant or licensee shall be responsible for all costs associated with the submission of his or her fingerprints and obtaining a state and national criminal history background check. The board may incorporate those costs into the cost of licensing or may charge the applicant or licensee a separate fee, which may be payable to the board, the Alabama State Law Enforcement Agency, or any successor entity thereof, or the approved channeler, as appropriate.
(4) Information received by the board pursuant to a state and national criminal history background check shall be confidential and shall not be a public record, except that any information received by and relied upon by the board in denying the issuance of a license or revoking, suspending, or otherwise disciplining a license or licensee may be disclosed as necessary to support the denial or revocation, suspension, or other disciplinary action.
(d) An individual governed by this chapter who has a reasonable belief that another massage therapist has violated this chapter shall inform the board in writing within 30 calendar days after the date the individual discovers this activity. Upon finding that an individual has violated this subsection by not informing the board as required, the board may do any of the following:
(1) Impose an administrative fine of not more than ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule adopted by rule of the board.
(2) Suspend, probate, reprimand, otherwise discipline, or revoke the individual’s license to practice massage therapy.
(e) The license of any individual who has been convicted of, or has entered a plea of nolo contendere to, a crime or offense involving human trafficking, prostitution, or any other type of sexual offense shall be permanently revoked by the board according to the Administrative Procedure Act.
(f) The massage therapy establishment license of any massage therapy establishment wherein an individual engages in conduct which leads to a conviction of or entry of a plea of nolo contendere to, an offense involving prostitution or any other type of sexual offense against a client, or which the board determines is a sexually-oriented business, shall be permanently revoked by the board according to the Administrative Procedure Act.
(g) Upon a finding that an individual or entity who is governed by this chapter has performed massage therapy or operated a massage therapy establishment without having obtained a license, the board may do any of the following:
(1) Impose an administrative fine of not more than ten thousand dollars ($10,000).
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.
(h)(1) The executive director may issue an emergency order suspending the operation of a massage therapy establishment without a prior hearing when public safety is at immediate risk. Public safety shall be considered at immediate risk in any of the following circumstances:
a. A law enforcement agency notifies the board that the law enforcement agency is investigating a massage therapy establishment for an offense under Section 13A-6-152, this chapter, or rules adopted by the board pursuant to this chapter.
b. The massage therapy establishment is operating without a valid license issued by the board.
c. The board has reasonable cause to believe that a massage therapy establishment is violating this chapter or a rule adopted by the board pursuant to this chapter, and, upon physical inspection by the board, one or more violations are confirmed.
d. Upon physical inspection of a massage therapy establishment by the board, one or more violations of this chapter or a rule adopted by the board pursuant to this chapter are confirmed.
e. Other circumstances as determined by the board.
(2) Upon determining that an individual or entity governed by this chapter has performed massage therapy or operated a massage therapy establishment without a valid license as provided in subsection (g), the executive director of the board may issue an emergency order. If the executive director believes a massage therapy establishment is in violation of a local, municipal, or other applicable law, the executive director shall notify local law enforcement of the possible violations. An emergency order shall identify the massage therapy establishment by its business name and state that the massage therapy establishment is closed by order of the board pursuant to this chapter and rules adopted by the board pursuant to this chapter.
(3) A massage therapy establishment shall remain closed to the public until it is in compliance with this chapter and rules adopted by the board pursuant to this chapter. The board shall provide the massage therapy establishment with a written summary of the findings of any inspection resulting in the emergency order and shall describe the compliance measures necessary to remedy those findings. Within three business days after receipt of the findings by the massage therapy establishment, the board shall issue to the massage therapy establishment, in writing, a complaint resulting in the emergency order suspending the operation of the massage therapy establishment, which describes the compliance measures which must be taken for the emergency order to be rescinded.
(4) An emergency order suspending the operations of a massage therapy establishment shall be printed on 8 1/2 x 11 inch paper and conspicuously taped to the front door of the massage therapy establishment.
(5) A massage therapy establishment may not remove the posted emergency order or reopen for business until the board determines, after a physical inspection, that the massage therapy establishment is in compliance with this chapter and rules adopted by the board pursuant to this chapter.
(6) A massage therapy establishment that reopens to the public while operations are suspended shall be fined one thousand dollars ($1,000) per day for each day in violation.
(7) If the board is required to enforce the emergency order in circuit court for continued violations of this chapter or rules adopted by the board pursuant to this chapter, the court may triple any applicable fines and order the massage therapy establishment to reimburse the board for all legal fees and administrative costs incurred by the board in enforcing the violation.
(8) Within 30 days after the issuance of an emergency order suspending operations of a massage therapy establishment, the massage therapy establishment may request, in writing, a formal hearing before the board.
(i) Any individual or entity aggrieved by any adverse action of the board may appeal the action to the Circuit Court of Montgomery County.
(j) The board shall present any incident deemed serious misconduct by the board to the local district attorney for review and appropriate legal action.
(k) The board may adopt rules to implement and administer this section.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) An individual or entity who does not hold a license as a massage therapist, physical therapist, chiropractor, or athletic trainer, or a license for a massage therapy establishment, shall not use the words “massage” or “bodywork” on any sign or other form of advertising describing services performed by the individual or within the establishment.
(b) Any advertisement by a massage therapist or massage therapy establishment shall contain the license number of the massage therapist or massage therapy establishment.
(Act 2024-361, §3; Act 2025-395, §2.)
Any individual who violates this chapter shall be guilty of a Class C misdemeanor.
(Act 2024-361, §3.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) In addition to the criminal penalty prescribed by this chapter, the board may seek an injunction against any individual, entity, or establishment in violation of this chapter.
(b) In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs.
(Act 2024-361, §3; Act 2025-395, §2.)
(a) Except as otherwise provided in subsection (b), this chapter shall supersede any regulation adopted by a political subdivision of the state related to the licensing or regulation of massage therapists and massage therapy establishments.
(b) This section shall not affect:
(1) Local regulations relating to zoning requirements or occupational license taxes pertaining to massage therapists and massage therapy establishments.
(2) Local regulations that do not relate to the practice of massage therapy by qualified individuals.
(c) A county, or a municipality within its jurisdiction, may regulate individuals licensed pursuant to this chapter. Regulation shall be consistent with this chapter and shall not supersede this chapter. This section shall not be construed to prohibit a county or municipality from regulating individuals not licensed pursuant to this chapter.
(Act 2024-361, §3.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) To be approved by the board, a massage therapy school shall comply with all standards for approval established by board rule. The applicant shall also do all of the following:
(1) Submit to the board a completed application prescribed by the board and the registration fee.
(2) Register every two years with the board by submitting a renewal form, the renewal fee, and a current curriculum and list of active massage therapy instructors teaching at the school.
(3) Commencing on October 1, 2025, submit proof to the board of registration as an assigned school through the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).
(4) Satisfy other standards as the board may impose by rule.
(b) Except as provided in Section 34-43A-4(a)(5), every massage therapy instructor teaching a course in massage therapy at a massage therapy school located in this state shall be licensed by the board as a massage therapist and registered as a massage therapy instructor. Instructors who are not teaching massage therapy do not need to be registered. An adjunct massage therapy instructor shall be dually licensed in the state where he or she resides or be nationally certified, or both.
(c) An applicant for registration as a massage therapy instructor shall satisfy all of the following requirements:
(1) Be currently licensed as a massage therapist in this state.
(2) Submit to the board a completed application as prescribed by the board and the application fee.
(3) Submit documentation of three years of experience in the practice of massage therapy. The documentation may be considered by the board on a case-by-case basis.
(Act 2024-361, §3; Act 2025-395, §2.)
AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2026, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(b) The board shall adopt a program of continuing education for licensees which shall be a requisite for the renewal of licenses issued pursuant to this chapter and not exceed the requirements of a board-approved nationally recognized board certification organization such as the National Certification Board for Therapeutic Massage and Bodywork.
(Act 2024-361, §3.)
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