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","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31017,"codeId":29158,"versionId":26080,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-9","shortTitle":"Section 34-7A-9","catchLine":"Issuance of License or Permit; Renewal; Fees.","title":"Section 34-7A-9 Issuance of License or Permit; Renewal; Fees.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3; Act 2004-104, p. 143, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31883,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31018,"codeId":29159,"versionId":23870,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-10","shortTitle":"Section 34-7A-10","catchLine":"Payment of Fees.","title":"Section 34-7A-10 Payment of Fees.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31884,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31019,"codeId":29160,"versionId":23871,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-11","shortTitle":"Section 34-7A-11","catchLine":"Fee Schedule.","title":"Section 34-7A-11 Fee Schedule.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31885,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31020,"codeId":29161,"versionId":23872,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-12","shortTitle":"Section 34-7A-12","catchLine":"Change of Name or Address.","title":"Section 34-7A-12 Change of Name or Address.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31886,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31021,"codeId":29162,"versionId":23873,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-13","shortTitle":"Section 34-7A-13","catchLine":"School Registration.","title":"Section 34-7A-13 School Registration.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31887,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31022,"codeId":29163,"versionId":23874,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-14","shortTitle":"Section 34-7A-14","catchLine":"Display of Certificate.","title":"Section 34-7A-14 Display of Certificate.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31023,"codeId":29164,"versionId":23875,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-15","shortTitle":"Section 34-7A-15","catchLine":"Refusal, Revocation, Etc., of Certificate or License.","title":"Section 34-7A-15 Refusal, Revocation, Etc., of Certificate or License.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31889,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31024,"codeId":29165,"versionId":23876,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-16","shortTitle":"Section 34-7A-16","catchLine":"Findings, Orders of Board.","title":"Section 34-7A-16 Findings, Orders of Board.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31025,"codeId":29166,"versionId":23877,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-17","shortTitle":"Section 34-7A-17","catchLine":"Appeal.","title":"Section 34-7A-17 Appeal.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31891,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31026,"codeId":29167,"versionId":23878,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-18","shortTitle":"Section 34-7A-18","catchLine":"Construction of Chapter.","title":"Section 34-7A-18 Construction of Chapter.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31892,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31027,"codeId":29168,"versionId":23879,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-19","shortTitle":"Section 34-7A-19","catchLine":"Exemption from Chapter.","title":"Section 34-7A-19 Exemption from Chapter.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31893,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31028,"codeId":29169,"versionId":26081,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-20","shortTitle":"Section 34-7A-20","catchLine":"Duration, Renewal, and Reinstatement of License; Records.","title":"Section 34-7A-20 Duration, Renewal, and Reinstatement of License; Records.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3; Act 2004-104, p. 143, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31029,"codeId":29170,"versionId":23880,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-21","shortTitle":"Section 34-7A-21","catchLine":"Salon, Shop, or Booth License.","title":"Section 34-7A-21 Salon, Shop, or Booth License.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31895,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31030,"codeId":29171,"versionId":35783,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-22","shortTitle":"Section 34-7A-22","catchLine":"Qualifications of Applicants for Examination, Registration, Etc.","title":"Section 34-7A-22 Qualifications of Applicants for Examination, Registration, Etc.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3; Act 2006-158, p. 227, §3; Act 2013-164, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31896,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31031,"codeId":29172,"versionId":23881,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-23","shortTitle":"Section 34-7A-23","catchLine":"Teacher’s Permit.","title":"Section 34-7A-23 Teacher’s Permit.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31897,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31032,"codeId":29173,"versionId":23882,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-24","shortTitle":"Section 34-7A-24","catchLine":"Licensure, Etc., Under Former Chapter.","title":"Section 34-7A-24 Licensure, Etc., Under Former Chapter.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31033,"codeId":29578,"versionId":24165,"parentId":29149,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7A-25","shortTitle":"Section 34-7A-25","catchLine":"Continuation of Board.","title":"Section 34-7A-25 Continuation of Board.","sectionRange":null,"content":"Repealed by Act 2013-371, §4, effective August 1, 2013.
","history":"(Act 99-345, p. 478, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31899,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31034,"codeId":44191,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7B","shortTitle":"Chapter 7B","catchLine":"Alabama Board of Cosmetology and Barbering.","title":"Chapter 7B Alabama Board of Cosmetology and Barbering.","sectionRange":"§34-7B-1 to §34-7B-94","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31900,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31035,"codeId":58699,"versionId":null,"parentId":44191,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-7B-1 to §34-7B-30","content":null,"history":null,"numChildren":30,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31036,"codeId":44192,"versionId":46043,"parentId":58699,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"34-7B-1","shortTitle":"Section 34-7B-1","catchLine":"Definitions. (Amended by Act 2026-527)","title":"Section 34-7B-1 Definitions. (Amended by Act 2026-527)","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §2; Act 2015-406, p. 1209, §1; Act 2017-300, §1; Act 2021-406, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31902,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31037,"codeId":44193,"versionId":38652,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-2","shortTitle":"Section 34-7B-2","catchLine":"Board of Cosmetology and Barbering - Creation; Composition; Compensation.","title":"Section 34-7B-2 Board of Cosmetology and Barbering - Creation; Composition; Compensation.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31904,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31038,"codeId":44194,"versionId":36340,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-3","shortTitle":"Section 34-7B-3","catchLine":"Board of Cosmetology and Barbering - Vacancies.","title":"Section 34-7B-3 Board of Cosmetology and Barbering - Vacancies.","sectionRange":null,"content":"Any vacancy on the board shall be filled by the Governor for the unexpired term.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31905,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31039,"codeId":44195,"versionId":36341,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-4","shortTitle":"Section 34-7B-4","catchLine":"Board of Cosmetology and Barbering - Oath; Bond; Powers and Duties; Meetings; Records and Books.","title":"Section 34-7B-4 Board of Cosmetology and Barbering - Oath; Bond; Powers and Duties; Meetings; Records and Books.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31906,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31040,"codeId":44196,"versionId":36342,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-5","shortTitle":"Section 34-7B-5","catchLine":"Board of Cosmetology and Barbering - Executive Director.","title":"Section 34-7B-5 Board of Cosmetology and Barbering - Executive Director.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31907,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31041,"codeId":44197,"versionId":36343,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-6","shortTitle":"Section 34-7B-6","catchLine":"Board of Cosmetology and Barbering Fund.","title":"Section 34-7B-6 Board of Cosmetology and Barbering Fund.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31908,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31042,"codeId":44198,"versionId":38653,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-7","shortTitle":"Section 34-7B-7","catchLine":"Application for Examination or Licensure.","title":"Section 34-7B-7 Application for Examination or Licensure.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31909,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31043,"codeId":44199,"versionId":36344,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-8","shortTitle":"Section 34-7B-8","catchLine":"Fee Schedule.","title":"Section 34-7B-8 Fee Schedule.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31044,"codeId":44200,"versionId":36345,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-9","shortTitle":"Section 34-7B-9","catchLine":"Change of Name or Address.","title":"Section 34-7B-9 Change of Name or Address.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31045,"codeId":44201,"versionId":36346,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-10","shortTitle":"Section 34-7B-10","catchLine":"Suspension or Revocation of License or Permit; Penalties.","title":"Section 34-7B-10 Suspension or Revocation of License or Permit; Penalties.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31912,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31046,"codeId":44202,"versionId":36347,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-11","shortTitle":"Section 34-7B-11","catchLine":"Findings, Orders of Board; Appeals.","title":"Section 34-7B-11 Findings, Orders of Board; Appeals.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31913,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31047,"codeId":44203,"versionId":36348,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-12","shortTitle":"Section 34-7B-12","catchLine":"Construction of Chapter.","title":"Section 34-7B-12 Construction of Chapter.","sectionRange":null,"content":"This chapter may not be construed to affect or regulate the teaching of cosmetology or any of its practices in any public school.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31048,"codeId":44204,"versionId":38654,"parentId":58699,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"34-7B-13","shortTitle":"Section 34-7B-13","catchLine":"Exemptions from Chapter. (Amended by Act 2026-527)","title":"Section 34-7B-13 Exemptions from Chapter. (Amended by Act 2026-527)","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §2; ; Act 2014-168, p. 483, §1; Act 2015-406, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31049,"codeId":44205,"versionId":36349,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-14","shortTitle":"Section 34-7B-14","catchLine":"Duration, Expiration, and Reinstatement of License; Records.","title":"Section 34-7B-14 Duration, Expiration, and Reinstatement of License; Records.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31917,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31050,"codeId":44206,"versionId":36350,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-15","shortTitle":"Section 34-7B-15","catchLine":"Student Registration.","title":"Section 34-7B-15 Student Registration.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31918,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31051,"codeId":44207,"versionId":36351,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-16","shortTitle":"Section 34-7B-16","catchLine":"Apprentice Registation.","title":"Section 34-7B-16 Apprentice Registation.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31919,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31052,"codeId":44208,"versionId":38655,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-17","shortTitle":"Section 34-7B-17","catchLine":"Qualifications of Applicants for Examination or Licensure - Barber.","title":"Section 34-7B-17 Qualifications of Applicants for Examination or Licensure - Barber.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31920,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31053,"codeId":44209,"versionId":36352,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-18","shortTitle":"Section 34-7B-18","catchLine":"Qualifications of Applicants for Examination or Licensure - Cosmetologist.","title":"Section 34-7B-18 Qualifications of Applicants for Examination or Licensure - Cosmetologist.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31921,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31054,"codeId":44210,"versionId":36353,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-19","shortTitle":"Section 34-7B-19","catchLine":"Qualifications of Applicants for Examination or Licensure - Esthetician.","title":"Section 34-7B-19 Qualifications of Applicants for Examination or Licensure - Esthetician.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31922,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31055,"codeId":44211,"versionId":40961,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-20","shortTitle":"Section 34-7B-20","catchLine":"Qualifications of Applicants for Examination or Licensure - Natural Hair Stylist.","title":"Section 34-7B-20 Qualifications of Applicants for Examination or Licensure - Natural Hair Stylist.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2; Act 2017-300, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31923,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31056,"codeId":44212,"versionId":36354,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-21","shortTitle":"Section 34-7B-21","catchLine":"Qualifications of Applicants for Examination or Licensure - Manicurist.","title":"Section 34-7B-21 Qualifications of Applicants for Examination or Licensure - Manicurist.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31924,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31057,"codeId":44213,"versionId":36355,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-22","shortTitle":"Section 34-7B-22","catchLine":"Qualifications of Applicants for Examination or Licensure - Esthetician/Manicurist.","title":"Section 34-7B-22 Qualifications of Applicants for Examination or Licensure - Esthetician/Manicurist.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31925,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31058,"codeId":44214,"versionId":36356,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-23","shortTitle":"Section 34-7B-23","catchLine":"Qualifications of Applicants for Examination or Licensure - Manicurist/Waxer.","title":"Section 34-7B-23 Qualifications of Applicants for Examination or Licensure - Manicurist/Waxer.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31926,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31059,"codeId":44215,"versionId":36357,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-24","shortTitle":"Section 34-7B-24","catchLine":"Qualifications of Applicants for Examination or Licensure - Instructor.","title":"Section 34-7B-24 Qualifications of Applicants for Examination or Licensure - Instructor.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31927,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31060,"codeId":44216,"versionId":36358,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-25","shortTitle":"Section 34-7B-25","catchLine":"Registration of Threaders.","title":"Section 34-7B-25 Registration of Threaders.","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31928,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31061,"codeId":44217,"versionId":38656,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-26","shortTitle":"Section 34-7B-26","catchLine":"Application and Licensure Requirements to Operate School.","title":"Section 34-7B-26 Application and Licensure Requirements to Operate School.","sectionRange":null,"content":"(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.
","history":"(Act 2013-371, p. 1330, §2; Act 2015-406, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31929,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31062,"codeId":44218,"versionId":36359,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-27","shortTitle":"Section 34-7B-27","catchLine":"Licensure Under Former Chapter.","title":"Section 34-7B-27 Licensure Under Former Chapter.","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31930,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31063,"codeId":44219,"versionId":36360,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-28","shortTitle":"Section 34-7B-28","catchLine":"Applicability of Rules.","title":"Section 34-7B-28 Applicability of Rules.","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31931,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31064,"codeId":44220,"versionId":36361,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-29","shortTitle":"Section 34-7B-29","catchLine":"Continuation of Board.","title":"Section 34-7B-29 Continuation of Board.","sectionRange":null,"content":"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.
","history":"(Act 2013-371, p. 1330, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31932,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31065,"codeId":53638,"versionId":46529,"parentId":58699,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-30","shortTitle":"Section 34-7B-30","catchLine":"Licensure and Regulation of Mobile Salons.","title":"Section 34-7B-30 Licensure and Regulation of Mobile Salons.","sectionRange":null,"content":"(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.
","history":"(Act 2021-406, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31066,"codeId":58701,"versionId":null,"parentId":44191,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Cosmetology Licensure Compact.","title":"Article 2 Cosmetology Licensure Compact.","sectionRange":"§34-7B-50 to §34-7B-64","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31934,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31067,"codeId":58702,"versionId":50669,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-50","shortTitle":"Section 34-7B-50","catchLine":"Purpose.","title":"Section 34-7B-50 Purpose.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31935,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31068,"codeId":58703,"versionId":50670,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-51","shortTitle":"Section 34-7B-51","catchLine":"Definitions.","title":"Section 34-7B-51 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2023-488, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31936,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31069,"codeId":58704,"versionId":50671,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-52","shortTitle":"Section 34-7B-52","catchLine":"Member State Requirements.","title":"Section 34-7B-52 Member State Requirements.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31070,"codeId":58705,"versionId":50672,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-53","shortTitle":"Section 34-7B-53","catchLine":"Multistate License.","title":"Section 34-7B-53 Multistate License.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31071,"codeId":58706,"versionId":50673,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-54","shortTitle":"Section 34-7B-54","catchLine":"Reissuance of a Multistate License by a New Home State.","title":"Section 34-7B-54 Reissuance of a Multistate License by a New Home State.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31939,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31072,"codeId":58707,"versionId":50674,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-55","shortTitle":"Section 34-7B-55","catchLine":"Authority of the Compact Commission and Member State Licensing Authorities.","title":"Section 34-7B-55 Authority of the Compact Commission and Member State Licensing Authorities.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31073,"codeId":58708,"versionId":50675,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-56","shortTitle":"Section 34-7B-56","catchLine":"Adverse Actions.","title":"Section 34-7B-56 Adverse Actions.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31941,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31074,"codeId":58709,"versionId":50676,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-57","shortTitle":"Section 34-7B-57","catchLine":"Active Military Members and Their Spouses.","title":"Section 34-7B-57 Active Military Members and Their Spouses.","sectionRange":null,"content":"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.
","history":"(Act 2023-488, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31942,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31075,"codeId":58710,"versionId":50677,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-58","shortTitle":"Section 34-7B-58","catchLine":"Establishment and Operation of the Cosmetology Licensure Compact Commission.","title":"Section 34-7B-58 Establishment and Operation of the Cosmetology Licensure Compact Commission.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31943,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31076,"codeId":58711,"versionId":50678,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-59","shortTitle":"Section 34-7B-59","catchLine":"Data System.","title":"Section 34-7B-59 Data System.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31944,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31077,"codeId":58712,"versionId":50679,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-60","shortTitle":"Section 34-7B-60","catchLine":"Rulemaking.","title":"Section 34-7B-60 Rulemaking.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31078,"codeId":58713,"versionId":50680,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-61","shortTitle":"Section 34-7B-61","catchLine":"Oversight, Dispute Resolution, and Enforcement.","title":"Section 34-7B-61 Oversight, Dispute Resolution, and Enforcement.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31079,"codeId":58714,"versionId":50681,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-62","shortTitle":"Section 34-7B-62","catchLine":"Effective Date, Withdrawal, and Amendment.","title":"Section 34-7B-62 Effective Date, Withdrawal, and Amendment.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31080,"codeId":58715,"versionId":50682,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-63","shortTitle":"Section 34-7B-63","catchLine":"Construction and Severability.","title":"Section 34-7B-63 Construction and Severability.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31081,"codeId":58716,"versionId":50683,"parentId":58701,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-7B-64","shortTitle":"Section 34-7B-64","catchLine":"Consistent Effect and Conflict with Other State Laws.","title":"Section 34-7B-64 Consistent Effect and Conflict with Other State Laws.","sectionRange":null,"content":"(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.
","history":"(Act 2023-488, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31949,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31082,"codeId":27425,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Contractors.","title":"Chapter 8 Contractors.","sectionRange":"§34-8-1 to §34-8-55","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31966,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31083,"codeId":27426,"versionId":null,"parentId":27425,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-8-1 to §34-8-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31967,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31084,"codeId":27427,"versionId":50961,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-1","shortTitle":"Section 34-8-1","catchLine":"Definitions.","title":"Section 34-8-1 Definitions.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31968,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31085,"codeId":27428,"versionId":33463,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-2","shortTitle":"Section 34-8-2","catchLine":"Licensure and Classification of Contractors.","title":"Section 34-8-2 Licensure and Classification of Contractors.","sectionRange":null,"content":"(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:
(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31969,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31086,"codeId":27429,"versionId":21634,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-3","shortTitle":"Section 34-8-3","catchLine":"Method of Examination.","title":"Section 34-8-3 Method of Examination.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §9 1/2; Code 1940, T. 46, §74; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31970,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31087,"codeId":27430,"versionId":23790,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-4","shortTitle":"Section 34-8-4","catchLine":"Fines; Revocation of Licenses.","title":"Section 34-8-4 Fines; Revocation of Licenses.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31971,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31088,"codeId":27431,"versionId":21635,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-5","shortTitle":"Section 34-8-5","catchLine":"Effect of Issuance of Certificate of License.","title":"Section 34-8-5 Effect of Issuance of Certificate of License.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §11; Code 1940, T. 46, §76; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31972,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31089,"codeId":27432,"versionId":30529,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-6","shortTitle":"Section 34-8-6","catchLine":"Prohibited Acts; Penalties; Cease and Desist Orders.","title":"Section 34-8-6 Prohibited Acts; Penalties; Cease and Desist Orders.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31973,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31090,"codeId":27433,"versionId":50963,"parentId":27426,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"34-8-7","shortTitle":"Section 34-8-7","catchLine":"Exemptions from Chapter; Subcontractor Requirements. (Amended by Act 2026-396)","title":"Section 34-8-7 Exemptions from Chapter; Subcontractor Requirements. (Amended by Act 2026-396)","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31974,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31091,"codeId":27434,"versionId":30530,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-8","shortTitle":"Section 34-8-8","catchLine":"Copy of Chapter to Be Included in Plans of Owners, Architects, and Engineers; Inclusion of License Number on Bid.","title":"Section 34-8-8 Copy of Chapter to Be Included in Plans of Owners, Architects, and Engineers; Inclusion of License Number on Bid.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31976,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31092,"codeId":27435,"versionId":21636,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-9","shortTitle":"Section 34-8-9","catchLine":"Issuance of Building Permits.","title":"Section 34-8-9 Issuance of Building Permits.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31093,"codeId":27436,"versionId":21637,"parentId":27426,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-10","shortTitle":"Section 34-8-10","catchLine":"Indictment or Complaint.","title":"Section 34-8-10 Indictment or Complaint.","sectionRange":null,"content":"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.”
","history":"(Acts 1935, No. 297, p. 721, §16; Code 1940, T. 46, §81; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31978,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31094,"codeId":27437,"versionId":null,"parentId":27425,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"State Licensing Board.","title":"Article 2 State Licensing Board.","sectionRange":"§34-8-20 to §34-8-28","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31979,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31095,"codeId":27438,"versionId":38542,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-20","shortTitle":"Section 34-8-20","catchLine":"Creation; Composition; Appointment and Removal of Members.","title":"Section 34-8-20 Creation; Composition; Appointment and Removal of Members.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31980,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31096,"codeId":27439,"versionId":21638,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-21","shortTitle":"Section 34-8-21","catchLine":"Oath of Board.","title":"Section 34-8-21 Oath of Board.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §3; Code 1940, T. 46, §67; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31981,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31097,"codeId":27440,"versionId":21639,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-22","shortTitle":"Section 34-8-22","catchLine":"Officers; Bonds; Compensation and Expenses; Rules and Regulations.","title":"Section 34-8-22 Officers; Bonds; Compensation and Expenses; Rules and Regulations.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31982,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31098,"codeId":27441,"versionId":21640,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-23","shortTitle":"Section 34-8-23","catchLine":"Seal.","title":"Section 34-8-23 Seal.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §5; Code 1940, T. 46, §69; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31983,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31099,"codeId":27442,"versionId":21641,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-24","shortTitle":"Section 34-8-24","catchLine":"Meetings; Quorum.","title":"Section 34-8-24 Meetings; Quorum.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31984,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31100,"codeId":27443,"versionId":29883,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-25","shortTitle":"Section 34-8-25","catchLine":"Records and Accounts.","title":"Section 34-8-25 Records and Accounts.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31985,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31101,"codeId":27444,"versionId":21642,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-26","shortTitle":"Section 34-8-26","catchLine":"Register of Applicants; Roster of Contractors; Annual Report; Investigation and Report of Complaints.","title":"Section 34-8-26 Register of Applicants; Roster of Contractors; Annual Report; Investigation and Report of Complaints.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §8; Code 1940, T. 46, §72; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31986,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31102,"codeId":27445,"versionId":21643,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-27","shortTitle":"Section 34-8-27","catchLine":"Appeals.","title":"Section 34-8-27 Appeals.","sectionRange":null,"content":"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.
","history":"(Acts 1935, No. 297, p. 721, §17; Code 1940, T. 46, §82; Acts 1959, No. 571, p. 1429, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31987,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31103,"codeId":27446,"versionId":33464,"parentId":27437,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-28","shortTitle":"Section 34-8-28","catchLine":"Distribution of Funds; Annual Report.","title":"Section 34-8-28 Distribution of Funds; Annual Report.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31988,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31104,"codeId":58990,"versionId":null,"parentId":27425,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Alabama Commercial Energy Code Division.","title":"Article 3 Alabama Commercial Energy Code Division.","sectionRange":"§34-8-50 to §34-8-55","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31989,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31105,"codeId":58991,"versionId":51357,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-50","shortTitle":"Section 34-8-50","catchLine":"Definitions.","title":"Section 34-8-50 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31990,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31106,"codeId":58992,"versionId":51358,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-51","shortTitle":"Section 34-8-51","catchLine":"Division Established; Duties; Personnel; Funding.","title":"Section 34-8-51 Division Established; Duties; Personnel; Funding.","sectionRange":null,"content":"(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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31991,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31107,"codeId":58993,"versionId":51359,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-52","shortTitle":"Section 34-8-52","catchLine":"Alabama Commercial Energy Code Advisory Committee - Established; Composition; Terms.","title":"Section 34-8-52 Alabama Commercial Energy Code Advisory Committee - Established; Composition; Terms.","sectionRange":null,"content":"(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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31992,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31108,"codeId":58994,"versionId":51360,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-53","shortTitle":"Section 34-8-53","catchLine":"Alabama Commercial Energy Code Advisory Committee - Meetings; Quorum; Subcommittees; Bylaws.","title":"Section 34-8-53 Alabama Commercial Energy Code Advisory Committee - Meetings; Quorum; Subcommittees; Bylaws.","sectionRange":null,"content":"(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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31993,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31109,"codeId":58995,"versionId":51361,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-54","shortTitle":"Section 34-8-54","catchLine":"Alabama Commercial Energy Code Advisory Committee - Functions.","title":"Section 34-8-54 Alabama Commercial Energy Code Advisory Committee - Functions.","sectionRange":null,"content":"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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31994,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31110,"codeId":58996,"versionId":51362,"parentId":58990,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8-55","shortTitle":"Section 34-8-55","catchLine":"Proposal, Review. and Publication of Alabama Commercial Energy Code.","title":"Section 34-8-55 Proposal, Review. and Publication of Alabama Commercial Energy Code.","sectionRange":null,"content":"(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.
","history":"(Act 2024-443, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31995,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31111,"codeId":27447,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8A","shortTitle":"Chapter 8A","catchLine":"Counselors.","title":"Chapter 8A Counselors.","sectionRange":"§34-8A-1 to §34-8A-86","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31996,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31112,"codeId":54982,"versionId":null,"parentId":27447,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-8A-1 to §34-8A-24","content":null,"history":null,"numChildren":24,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31997,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31113,"codeId":27448,"versionId":21644,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-1","shortTitle":"Section 34-8A-1","catchLine":"Board of Examiners in Counseling Created; Composition; Powers and Duties.","title":"Section 34-8A-1 Board of Examiners in Counseling Created; Composition; Powers and Duties.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31998,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31114,"codeId":27449,"versionId":30457,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-2","shortTitle":"Section 34-8A-2","catchLine":"Definitions.","title":"Section 34-8A-2 Definitions.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31999,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31115,"codeId":27450,"versionId":26745,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-3","shortTitle":"Section 34-8A-3","catchLine":"Construction and Application of Chapter.","title":"Section 34-8A-3 Construction and Application of Chapter.","sectionRange":null,"content":"(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.
","history":"(Acts 1979, No. 79-423, p. 649, §3; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32000,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31116,"codeId":27451,"versionId":34393,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-4","shortTitle":"Section 34-8A-4","catchLine":"Board of Examiners in Counseling - Creation; Membership; Sunset Provision.","title":"Section 34-8A-4 Board of Examiners in Counseling - Creation; Membership; Sunset Provision.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32001,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31117,"codeId":27452,"versionId":26746,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-5","shortTitle":"Section 34-8A-5","catchLine":"Board of Examiners in Counseling - Officers; Compensation; Meetings; Seal; Rules and Regulations; Grants.","title":"Section 34-8A-5 Board of Examiners in Counseling - Officers; Compensation; Meetings; Seal; Rules and Regulations; Grants.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32002,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31118,"codeId":27453,"versionId":34394,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-6","shortTitle":"Section 34-8A-6","catchLine":"Inactive Status; Collection and Disposition of Fees, Etc.; Reactivation; Renewal.","title":"Section 34-8A-6 Inactive Status; Collection and Disposition of Fees, Etc.; Reactivation; Renewal.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32003,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31119,"codeId":27454,"versionId":29907,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-7","shortTitle":"Section 34-8A-7","catchLine":"Qualifications for Licensed Professional Counselor; Specialty Designation.","title":"Section 34-8A-7 Qualifications for Licensed Professional Counselor; Specialty Designation.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32004,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31120,"codeId":27455,"versionId":26747,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-8","shortTitle":"Section 34-8A-8","catchLine":"Qualifications for Associate Licensed Counselor.","title":"Section 34-8A-8 Qualifications for Associate Licensed Counselor.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §8; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32005,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31121,"codeId":27456,"versionId":26748,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-9","shortTitle":"Section 34-8A-9","catchLine":"Application Investigation; Acceptance or Rejection.","title":"Section 34-8A-9 Application Investigation; Acceptance or Rejection.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §9; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32006,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31122,"codeId":27457,"versionId":21645,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-10","shortTitle":"Section 34-8A-10","catchLine":"Examination.","title":"Section 34-8A-10 Examination.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31123,"codeId":27458,"versionId":26749,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-11","shortTitle":"Section 34-8A-11","catchLine":"Focus of Examination.","title":"Section 34-8A-11 Focus of Examination.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §11; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31124,"codeId":27459,"versionId":26750,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-12","shortTitle":"Section 34-8A-12","catchLine":"Reexamination.","title":"Section 34-8A-12 Reexamination.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §12; Act 2000-810, p. 1925, §1; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32009,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31125,"codeId":27460,"versionId":26751,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-13","shortTitle":"Section 34-8A-13","catchLine":"Preservation of Examination Scores.","title":"Section 34-8A-13 Preservation of Examination Scores.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §13; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31126,"codeId":27461,"versionId":30458,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-14","shortTitle":"Section 34-8A-14","catchLine":"Renewal; Fees; Continuing Education; Practice in a Specialty.","title":"Section 34-8A-14 Renewal; Fees; Continuing Education; Practice in a Specialty.","sectionRange":null,"content":"(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.
","history":"(Acts 1979, No. 79-423, p. 649, §14; Act 2006-566, p. 1314, §1; Act 2009-587, p. 1724, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31127,"codeId":27462,"versionId":26752,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-15","shortTitle":"Section 34-8A-15","catchLine":"Applicants Qualified Out-of-State; Provisional License.","title":"Section 34-8A-15 Applicants Qualified Out-of-State; Provisional License.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §15; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31128,"codeId":27463,"versionId":33126,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-16","shortTitle":"Section 34-8A-16","catchLine":"Disciplinary Actions; Discovery.","title":"Section 34-8A-16 Disciplinary Actions; Discovery.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31129,"codeId":27464,"versionId":21646,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-17","shortTitle":"Section 34-8A-17","catchLine":"Injunction, Mandamus, Etc.","title":"Section 34-8A-17 Injunction, Mandamus, Etc.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32014,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31130,"codeId":27465,"versionId":26753,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-18","shortTitle":"Section 34-8A-18","catchLine":"Penalties; Review; Disciplinary Oversight of Licensees; Legal Counsel.","title":"Section 34-8A-18 Penalties; Review; Disciplinary Oversight of Licensees; Legal Counsel.","sectionRange":null,"content":"(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.
","history":"(Acts 1979, No. 79-423, p. 649, §17; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32015,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31131,"codeId":27466,"versionId":26754,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-19","shortTitle":"Section 34-8A-19","catchLine":"Board’s Quasi-Judicial Authority; Sole Licensing Authority.","title":"Section 34-8A-19 Board’s Quasi-Judicial Authority; Sole Licensing Authority.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §17; Act 2006-566, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32016,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31132,"codeId":27467,"versionId":21647,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-20","shortTitle":"Section 34-8A-20","catchLine":"All Qualified Applicants Licensed; Signatures.","title":"Section 34-8A-20 All Qualified Applicants Licensed; Signatures.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32017,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31133,"codeId":27468,"versionId":21648,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-21","shortTitle":"Section 34-8A-21","catchLine":"Privileged Communications and Confidential Relations Between Practitioner and Client.","title":"Section 34-8A-21 Privileged Communications and Confidential Relations Between Practitioner and Client.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32018,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31134,"codeId":27469,"versionId":21649,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-22","shortTitle":"Section 34-8A-22","catchLine":"Code of Ethics.","title":"Section 34-8A-22 Code of Ethics.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31135,"codeId":27470,"versionId":21650,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-23","shortTitle":"Section 34-8A-23","catchLine":"Waiver of Requirement for Prior Practitioners.","title":"Section 34-8A-23 Waiver of Requirement for Prior Practitioners.","sectionRange":null,"content":"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.
","history":"(Acts 1979, No. 79-423, p. 649, §22; Acts 1983, No. 83-591, p. 924, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32020,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31136,"codeId":30169,"versionId":24796,"parentId":54982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-24","shortTitle":"Section 34-8A-24","catchLine":"Liability.","title":"Section 34-8A-24 Liability.","sectionRange":null,"content":"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.
","history":"(Act 2000-810, p. 1925, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31137,"codeId":54983,"versionId":null,"parentId":27447,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Counseling Compact.","title":"Article 2 Counseling Compact.","sectionRange":"§34-8A-50 to §34-8A-65","content":null,"history":null,"numChildren":16,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32022,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31138,"codeId":54984,"versionId":48042,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-50","shortTitle":"Section 34-8A-50","catchLine":"Purpose.","title":"Section 34-8A-50 Purpose.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31139,"codeId":54985,"versionId":48043,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-51","shortTitle":"Section 34-8A-51","catchLine":"Definitions.","title":"Section 34-8A-51 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2022-89, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32024,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31140,"codeId":54986,"versionId":48044,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-52","shortTitle":"Section 34-8A-52","catchLine":"State Participation in the Compact.","title":"Section 34-8A-52 State Participation in the Compact.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32025,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31141,"codeId":54987,"versionId":48045,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-53","shortTitle":"Section 34-8A-53","catchLine":"Privilege to Practice.","title":"Section 34-8A-53 Privilege to Practice.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32026,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31142,"codeId":54988,"versionId":48046,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-54","shortTitle":"Section 34-8A-54","catchLine":"Obtaining a New Home State License Based on a Privilege to Practice.","title":"Section 34-8A-54 Obtaining a New Home State License Based on a Privilege to Practice.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32027,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31143,"codeId":54989,"versionId":48047,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-55","shortTitle":"Section 34-8A-55","catchLine":"Active Duty Military Personnel or Their Spouses.","title":"Section 34-8A-55 Active Duty Military Personnel or Their Spouses.","sectionRange":null,"content":"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.
","history":"(Act 2022-89, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32028,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31144,"codeId":54990,"versionId":48048,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-56","shortTitle":"Section 34-8A-56","catchLine":"Compact Privilege to Practice Telehealth.","title":"Section 34-8A-56 Compact Privilege to Practice Telehealth.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32029,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31145,"codeId":54991,"versionId":48049,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-57","shortTitle":"Section 34-8A-57","catchLine":"Adverse Actions.","title":"Section 34-8A-57 Adverse Actions.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32030,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31146,"codeId":54992,"versionId":48050,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-58","shortTitle":"Section 34-8A-58","catchLine":"Establishment of Counseling Compact Commission.","title":"Section 34-8A-58 Establishment of Counseling Compact Commission.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32031,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31147,"codeId":54993,"versionId":48051,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-59","shortTitle":"Section 34-8A-59","catchLine":"Data System.","title":"Section 34-8A-59 Data System.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31148,"codeId":54994,"versionId":48052,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-60","shortTitle":"Section 34-8A-60","catchLine":"Rulemaking.","title":"Section 34-8A-60 Rulemaking.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32033,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31149,"codeId":54995,"versionId":48053,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-61","shortTitle":"Section 34-8A-61","catchLine":"Oversight, Dispute Resolution, and Enforcement.","title":"Section 34-8A-61 Oversight, Dispute Resolution, and Enforcement.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32034,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31150,"codeId":54996,"versionId":48054,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-62","shortTitle":"Section 34-8A-62","catchLine":"Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment.","title":"Section 34-8A-62 Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31151,"codeId":54997,"versionId":48055,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-63","shortTitle":"Section 34-8A-63","catchLine":"Construction and Severability.","title":"Section 34-8A-63 Construction and Severability.","sectionRange":null,"content":"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.
","history":"(Act 2022-89, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31152,"codeId":54998,"versionId":48056,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-64","shortTitle":"Section 34-8A-64","catchLine":"Binding Effect of Compact and Other Laws.","title":"Section 34-8A-64 Binding Effect of Compact and Other Laws.","sectionRange":null,"content":"(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.
","history":"(Act 2022-89, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32037,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31153,"codeId":54999,"versionId":48057,"parentId":54983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-65","shortTitle":"Section 34-8A-65","catchLine":"Judicial Proceedings by Individuals.","title":"Section 34-8A-65 Judicial Proceedings by Individuals.","sectionRange":null,"content":"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.
","history":"(Act 2022-89, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32038,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31154,"codeId":58032,"versionId":null,"parentId":27447,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Alabama Licensed Counselor Wellness Committee and Treatment Program","title":"Article 3 Alabama Licensed Counselor Wellness Committee and Treatment Program","sectionRange":"§34-8A-80 to §34-8A-86","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32039,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31155,"codeId":58033,"versionId":49808,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-80","shortTitle":"Section 34-8A-80","catchLine":"Definitions.","title":"Section 34-8A-80 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32040,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31156,"codeId":58034,"versionId":49810,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-81","shortTitle":"Section 34-8A-81","catchLine":"Creation of Committee.","title":"Section 34-8A-81 Creation of Committee.","sectionRange":null,"content":"(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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31157,"codeId":58035,"versionId":49811,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-82","shortTitle":"Section 34-8A-82","catchLine":"Alabama Licensed Counselor Wellness Program.","title":"Section 34-8A-82 Alabama Licensed Counselor Wellness Program.","sectionRange":null,"content":"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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31158,"codeId":58036,"versionId":49813,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-83","shortTitle":"Section 34-8A-83","catchLine":"Functions and Duties of Committee.","title":"Section 34-8A-83 Functions and Duties of Committee.","sectionRange":null,"content":"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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32043,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31159,"codeId":58037,"versionId":49815,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-84","shortTitle":"Section 34-8A-84","catchLine":"Disciplinary Sanction Alternatives; Reporting Requirements.","title":"Section 34-8A-84 Disciplinary Sanction Alternatives; Reporting Requirements.","sectionRange":null,"content":"(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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32044,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31160,"codeId":58038,"versionId":49816,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-85","shortTitle":"Section 34-8A-85","catchLine":"Confidentiality of Records, Proceedings, Etc.","title":"Section 34-8A-85 Confidentiality of Records, Proceedings, Etc.","sectionRange":null,"content":"(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.
","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32045,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31161,"codeId":58039,"versionId":49818,"parentId":58032,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8A-86","shortTitle":"Section 34-8A-86","catchLine":"Liability.","title":"Section 34-8A-86 Liability.","sectionRange":null,"content":"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.","history":"(Act 2023-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32046,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31162,"codeId":31654,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8B","shortTitle":"Chapter 8B","catchLine":"Court Reporters.","title":"Chapter 8B Court Reporters.","sectionRange":"§34-8B-1 to §34-8B-18","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32047,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31163,"codeId":31655,"versionId":26827,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-1","shortTitle":"Section 34-8B-1","catchLine":"Legislative Findings.","title":"Section 34-8B-1 Legislative Findings.","sectionRange":null,"content":"
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.
","history":"(Act 2006-200, p. 289, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32048,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31164,"codeId":31656,"versionId":26828,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-2","shortTitle":"Section 34-8B-2","catchLine":"Definitions.","title":"Section 34-8B-2 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32049,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31165,"codeId":31657,"versionId":26829,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-3","shortTitle":"Section 34-8B-3","catchLine":"License Required.","title":"Section 34-8B-3 License Required.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32050,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31166,"codeId":31658,"versionId":34559,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-4","shortTitle":"Section 34-8B-4","catchLine":"Alabama Board of Court Reporting - Creation; Composition; Meetings; Compensation.","title":"Section 34-8B-4 Alabama Board of Court Reporting - Creation; Composition; Meetings; Compensation.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §4; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32051,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31167,"codeId":31659,"versionId":34560,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-5","shortTitle":"Section 34-8B-5","catchLine":"Alabama Board of Court Reporting - Duties.","title":"Section 34-8B-5 Alabama Board of Court Reporting - Duties.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §5; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31168,"codeId":31660,"versionId":26830,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-6","shortTitle":"Section 34-8B-6","catchLine":"Complaints; Hearing; Penalties; Appeal.","title":"Section 34-8B-6 Complaints; Hearing; Penalties; Appeal.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32053,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31169,"codeId":31661,"versionId":26831,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-7","shortTitle":"Section 34-8B-7","catchLine":"Promulgation of Rules.","title":"Section 34-8B-7 Promulgation of Rules.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32054,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31170,"codeId":31662,"versionId":33277,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-8","shortTitle":"Section 34-8B-8","catchLine":"Violations; Penalties.","title":"Section 34-8B-8 Violations; Penalties.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §8; Act 2010-554, p. 1120, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32055,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31171,"codeId":31663,"versionId":32939,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-9","shortTitle":"Section 34-8B-9","catchLine":"Recovery by Board of Damages; Liability of Board Members.","title":"Section 34-8B-9 Recovery by Board of Damages; Liability of Board Members.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §9; Act 2010-554, p. 1120, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32056,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31172,"codeId":31664,"versionId":34561,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-10","shortTitle":"Section 34-8B-10","catchLine":"Examinations and Testing; Unauthorized Use of License Number.","title":"Section 34-8B-10 Examinations and Testing; Unauthorized Use of License Number.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §10; Act 2008-131, p. 189, §3; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32057,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31173,"codeId":31665,"versionId":26832,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-11","shortTitle":"Section 34-8B-11","catchLine":"Reciprocity Agreements; Nonresidential Licenses; Fees.","title":"Section 34-8B-11 Reciprocity Agreements; Nonresidential Licenses; Fees.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32058,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31174,"codeId":31666,"versionId":26833,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-12","shortTitle":"Section 34-8B-12","catchLine":"Licensing Fees.","title":"Section 34-8B-12 Licensing Fees.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32059,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31175,"codeId":31667,"versionId":26834,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-13","shortTitle":"Section 34-8B-13","catchLine":"Renewal of Licenses.","title":"Section 34-8B-13 Renewal of Licenses.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32060,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31176,"codeId":31668,"versionId":34562,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-14","shortTitle":"Section 34-8B-14","catchLine":"Licensing of Current Court Reporters; Certified Shorthand Reporters.","title":"Section 34-8B-14 Licensing of Current Court Reporters; Certified Shorthand Reporters.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §14; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32061,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31177,"codeId":31669,"versionId":34563,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-15","shortTitle":"Section 34-8B-15","catchLine":"Temporary License.","title":"Section 34-8B-15 Temporary License.","sectionRange":null,"content":"(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.
","history":"(Act 2006-200, p. 289, §15; Act 2010-554, p. 1120, §3; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32062,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31178,"codeId":31670,"versionId":26835,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-16","shortTitle":"Section 34-8B-16","catchLine":"Inactive Status.","title":"Section 34-8B-16 Inactive Status.","sectionRange":null,"content":"The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting.
","history":"(Act 2006-200, p. 289, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32063,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31179,"codeId":31671,"versionId":34564,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-17","shortTitle":"Section 34-8B-17","catchLine":"Disposition of Funds; Collection of Fees.","title":"Section 34-8B-17 Disposition of Funds; Collection of Fees.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §17; Act 2012-493, p. 1438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32064,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31180,"codeId":31672,"versionId":26836,"parentId":31654,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-8B-18","shortTitle":"Section 34-8B-18","catchLine":"Sunset Provision.","title":"Section 34-8B-18 Sunset Provision.","sectionRange":null,"content":"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.
","history":"(Act 2006-200, p. 289, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32065,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31181,"codeId":27471,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9","shortTitle":"Chapter 9","catchLine":"Dentists and Dental Hygienists.","title":"Chapter 9 Dentists and Dental Hygienists.","sectionRange":"§34-9-1 to §34-9-90","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32066,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31182,"codeId":27472,"versionId":null,"parentId":27471,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-9-1 to §34-9-29","content":null,"history":null,"numChildren":35,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32067,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31183,"codeId":27473,"versionId":49644,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-1","shortTitle":"Section 34-9-1","catchLine":"Definitions.","title":"Section 34-9-1 Definitions.","sectionRange":null,"content":"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:
1. 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.
2. 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.
3. 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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32068,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31184,"codeId":27474,"versionId":33510,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-2","shortTitle":"Section 34-9-2","catchLine":"Legislative Findings.","title":"Section 34-9-2 Legislative Findings.","sectionRange":null,"content":"(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.
","history":"(Acts 1959, No. 100, p. 569, §1; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32069,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31185,"codeId":27475,"versionId":33511,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-3","shortTitle":"Section 34-9-3","catchLine":"License or Permit Required to Practice Dentistry.","title":"Section 34-9-3 License or Permit Required to Practice Dentistry.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §7; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32070,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31186,"codeId":27476,"versionId":42734,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-4","shortTitle":"Section 34-9-4","catchLine":"License Required to Practice Dental Hygiene or Expanded Duty Dental Assisting.","title":"Section 34-9-4 License Required to Practice Dental Hygiene or Expanded Duty Dental Assisting.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §8; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32071,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31187,"codeId":27477,"versionId":49645,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-5","shortTitle":"Section 34-9-5","catchLine":"Penalties.","title":"Section 34-9-5 Penalties.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §9; Act 99-402, p. 669, §1; Act 2011-571, p. 1165, §1; Act 2023-362, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32072,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31188,"codeId":27478,"versionId":42735,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-6","shortTitle":"Section 34-9-6","catchLine":"What Constitutes Practice of Dentistry.","title":"Section 34-9-6 What Constitutes Practice of Dentistry.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §10; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32073,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31189,"codeId":37549,"versionId":42736,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-6.1","shortTitle":"Section 34-9-6.1","catchLine":"Mobile Dental Facilities or Portable Dental Operations.","title":"Section 34-9-6.1 Mobile Dental Facilities or Portable Dental Operations.","sectionRange":null,"content":"(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.
","history":"(Act 2008-279, p. 536, §§1, 3; Act 2011-571, p. 1165, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32074,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31190,"codeId":27479,"versionId":42737,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-7","shortTitle":"Section 34-9-7","catchLine":"Exemption of Certain Practices and Operations.","title":"Section 34-9-7 Exemption of Certain Practices and Operations.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32075,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31191,"codeId":30962,"versionId":42738,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-7.1","shortTitle":"Section 34-9-7.1","catchLine":"Exemption of Participation in Continuing Education Course.","title":"Section 34-9-7.1 Exemption of Participation in Continuing Education Course.","sectionRange":null,"content":"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.
","history":"(Act 2002-512, p. 1318, §2; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32076,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31192,"codeId":41520,"versionId":42739,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-7.2","shortTitle":"Section 34-9-7.2","catchLine":"Registration of a 501(C)(3) Entity.","title":"Section 34-9-7.2 Registration of a 501(C)(3) Entity.","sectionRange":null,"content":"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.
","history":"(Act 2011-571, p. 1165, §2; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32077,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31193,"codeId":27480,"versionId":42740,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-8","shortTitle":"Section 34-9-8","catchLine":"Dental Facility Teaching Permits; Dental Facility Special Teaching Permits.","title":"Section 34-9-8 Dental Facility Teaching Permits; Dental Facility Special Teaching Permits.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32078,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31194,"codeId":27481,"versionId":42741,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-9","shortTitle":"Section 34-9-9","catchLine":"Exercise of Independent Professional Judgment by Dentists; Prohibited Business Arrangements or Relationships; Penalties.","title":"Section 34-9-9 Exercise of Independent Professional Judgment by Dentists; Prohibited Business Arrangements or Relationships; Penalties.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32079,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31195,"codeId":27482,"versionId":49646,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-10","shortTitle":"Section 34-9-10","catchLine":"Application; Licensure by Credentials; Special Purpose License.","title":"Section 34-9-10 Application; Licensure by Credentials; Special Purpose License.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32080,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31196,"codeId":58811,"versionId":50794,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-10.01","shortTitle":"Section 34-9-10.01","catchLine":"Special Volunteer License.","title":"Section 34-9-10.01 Special Volunteer License.","sectionRange":null,"content":"
(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.
","history":"(Act 2024-89, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32081,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31197,"codeId":27483,"versionId":49647,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-11","shortTitle":"Section 34-9-11","catchLine":"Examination of Applicants; Issuance of Licenses.","title":"Section 34-9-11 Examination of Applicants; Issuance of Licenses.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32082,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31198,"codeId":27484,"versionId":42743,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-12","shortTitle":"Section 34-9-12","catchLine":"Recording, Reporting Requirements.","title":"Section 34-9-12 Recording, Reporting Requirements.","sectionRange":null,"content":"(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.
","history":"(Acts 1959, No. 100, p. 569, §16; Act 99-402, p. 669, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32083,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31199,"codeId":27485,"versionId":42744,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-13","shortTitle":"Section 34-9-13","catchLine":"License and Registration Certificates to Be Kept in Office of Practitioner.","title":"Section 34-9-13 License and Registration Certificates to Be Kept in Office of Practitioner.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §17; Act 2011-571, p. 1165, §1; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32084,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31200,"codeId":27486,"versionId":42745,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-14","shortTitle":"Section 34-9-14","catchLine":"Change of Address Generally.","title":"Section 34-9-14 Change of Address Generally.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §18; Act 2013-252, p. 626, §1; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32085,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31201,"codeId":27487,"versionId":49648,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-15","shortTitle":"Section 34-9-15","catchLine":"Annual Registration; Continuing Education.","title":"Section 34-9-15 Annual Registration; Continuing Education.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32086,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31202,"codeId":37793,"versionId":33513,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-15.1","shortTitle":"Section 34-9-15.1","catchLine":"Release of Records.","title":"Section 34-9-15.1 Release of Records.","sectionRange":null,"content":"(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.
","history":"(Act 2009-18, p. 43, §4; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32087,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31203,"codeId":27488,"versionId":50795,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-16","shortTitle":"Section 34-9-16","catchLine":"Fee Schedule.","title":"Section 34-9-16 Fee Schedule.","sectionRange":null,"content":"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 |
(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.
","history":"(Acts 1959, No. 100, p. 569, §21; Acts 1985, No. 85-697, p. 1120, §1; Act 2009-18, p. 43, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32089,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31205,"codeId":27490,"versionId":42748,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-18","shortTitle":"Section 34-9-18","catchLine":"Grounds for Disciplinary Action.","title":"Section 34-9-18 Grounds for Disciplinary Action.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32090,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31206,"codeId":27491,"versionId":42749,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-19","shortTitle":"Section 34-9-19","catchLine":"Advertising - Dentist; Specialty Requirements; Practice Emphasis; Purpose of Section; Rules and Regulations.","title":"Section 34-9-19 Advertising - Dentist; Specialty Requirements; Practice Emphasis; Purpose of Section; Rules and Regulations.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32091,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31207,"codeId":27492,"versionId":25859,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-19.1","shortTitle":"Section 34-9-19.1","catchLine":"Advertising - Dental Referral Service; Requirements; Prohibitions; Penalties.","title":"Section 34-9-19.1 Advertising - Dental Referral Service; Requirements; Prohibitions; Penalties.","sectionRange":null,"content":"(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.
","history":"(Acts 1997, No. 97-701, p. 1418, §2; Act 2003-391, p. 1100, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32092,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31208,"codeId":27493,"versionId":33514,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-20","shortTitle":"Section 34-9-20","catchLine":"Unauthorized Advertising, Selling, or Offering of Dental Services and Appliances; Injunctions.","title":"Section 34-9-20 Unauthorized Advertising, Selling, or Offering of Dental Services and Appliances; Injunctions.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §24; Acts 1981, No. 81-372, p. 540, §5; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32093,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31209,"codeId":27494,"versionId":33515,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-21","shortTitle":"Section 34-9-21","catchLine":"Employing Services of Commercial Dental Laboratory or Private Technician.","title":"Section 34-9-21 Employing Services of Commercial Dental Laboratory or Private Technician.","sectionRange":null,"content":"(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.
","history":"(Acts 1959, No. 100, p. 569, §25; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32094,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31210,"codeId":27495,"versionId":42750,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-22","shortTitle":"Section 34-9-22","catchLine":"Sale, Offer to Sell, Procurement, or Alteration of Diploma or Certificate; Fraud or Cheating.","title":"Section 34-9-22 Sale, Offer to Sell, Procurement, or Alteration of Diploma or Certificate; Fraud or Cheating.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32095,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31211,"codeId":27496,"versionId":21651,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-23","shortTitle":"Section 34-9-23","catchLine":"Title and Letters Signifying Degree.","title":"Section 34-9-23 Title and Letters Signifying Degree.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32096,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31212,"codeId":27497,"versionId":33516,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-24","shortTitle":"Section 34-9-24","catchLine":"Statement of Charges and Notice of Hearing Before Revocation or Suspension of License.","title":"Section 34-9-24 Statement of Charges and Notice of Hearing Before Revocation or Suspension of License.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §29; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32097,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31213,"codeId":27498,"versionId":21652,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-25","shortTitle":"Section 34-9-25","catchLine":"Judicial Review of Orders of Board.","title":"Section 34-9-25 Judicial Review of Orders of Board.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §30; Acts 1985, No. 85-697, p. 1120, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32098,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31214,"codeId":27499,"versionId":49649,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-26","shortTitle":"Section 34-9-26","catchLine":"Examination, Qualifications, Licensing, Etc., of Dental Hygienists.","title":"Section 34-9-26 Examination, Qualifications, Licensing, Etc., of Dental Hygienists.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32099,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31215,"codeId":27500,"versionId":49650,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-27","shortTitle":"Section 34-9-27","catchLine":"Employment, Supervision, and Practice of Dental Hygienists.","title":"Section 34-9-27 Employment, Supervision, and Practice of Dental Hygienists.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32100,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31216,"codeId":27501,"versionId":42753,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-28","shortTitle":"Section 34-9-28","catchLine":"Notification of Change of Address or Employer; Annual Registration Requirements.","title":"Section 34-9-28 Notification of Change of Address or Employer; Annual Registration Requirements.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32101,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31217,"codeId":27502,"versionId":21653,"parentId":27472,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-29","shortTitle":"Section 34-9-29","catchLine":"Injunctions Against Violations of Chapter.","title":"Section 34-9-29 Injunctions Against Violations of Chapter.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §31; Acts 1985, No. 85-697, p. 1120, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32102,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31218,"codeId":27503,"versionId":null,"parentId":27471,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Board of Dental Examiners.","title":"Article 2 Board of Dental Examiners.","sectionRange":"§34-9-40 to §34-9-47","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32103,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31219,"codeId":27504,"versionId":42754,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-40","shortTitle":"Section 34-9-40","catchLine":"Creation; Composition.","title":"Section 34-9-40 Creation; Composition.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32104,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31220,"codeId":27505,"versionId":42755,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-41","shortTitle":"Section 34-9-41","catchLine":"Officers of Board; Seal; Meetings; Compensation; Disposition of Funds.","title":"Section 34-9-41 Officers of Board; Seal; Meetings; Compensation; Disposition of Funds.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32105,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31221,"codeId":27506,"versionId":32878,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-42","shortTitle":"Section 34-9-42","catchLine":"Bond of Secretary-Treasurer of Board; Annual Report and Audit; National Affiliation.","title":"Section 34-9-42 Bond of Secretary-Treasurer of Board; Annual Report and Audit; National Affiliation.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32106,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31222,"codeId":27507,"versionId":49652,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-43","shortTitle":"Section 34-9-43","catchLine":"Powers and Duties Generally.","title":"Section 34-9-43 Powers and Duties Generally.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32107,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31223,"codeId":31585,"versionId":26592,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-43.1","shortTitle":"Section 34-9-43.1","catchLine":"Administration and Enforcement of Duties; Consultants.","title":"Section 34-9-43.1 Administration and Enforcement of Duties; Consultants.","sectionRange":null,"content":"(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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32108,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31224,"codeId":48505,"versionId":42756,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-43.2","shortTitle":"Section 34-9-43.2","catchLine":"Legislative Findings; Rulemaking Authority; Liability; Scope.","title":"Section 34-9-43.2 Legislative Findings; Rulemaking Authority; Liability; Scope.","sectionRange":null,"content":"(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).
","history":"(Act 2016-302, p. 765, §§1-3; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32109,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31225,"codeId":27508,"versionId":33518,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-44","shortTitle":"Section 34-9-44","catchLine":"Records to Be Kept by Secretary-Treasurer; Copies and Certificates as Evidence.","title":"Section 34-9-44 Records to Be Kept by Secretary-Treasurer; Copies and Certificates as Evidence.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §6; Acts 1965, 3rd Ex. Sess., No. 25, p. 232, §1; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32110,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31226,"codeId":27509,"versionId":21654,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-45","shortTitle":"Section 34-9-45","catchLine":"Board to Assist Prosecuting Officers.","title":"Section 34-9-45 Board to Assist Prosecuting Officers.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32111,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31227,"codeId":27510,"versionId":35818,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-46","shortTitle":"Section 34-9-46","catchLine":"Subpoenas and Testimony.","title":"Section 34-9-46 Subpoenas and Testimony.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §32; Act 2013-252, p. 626, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32112,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31228,"codeId":27511,"versionId":35819,"parentId":27503,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-47","shortTitle":"Section 34-9-47","catchLine":"Taking of Depositions.","title":"Section 34-9-47 Taking of Depositions.","sectionRange":null,"content":"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.
","history":"(Acts 1959, No. 100, p. 569, §33; Act 2013-252, p. 626, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32113,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31229,"codeId":27512,"versionId":null,"parentId":27471,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Use of Anesthesia by Dentists.","title":"Article 3 Use of Anesthesia by Dentists.","sectionRange":"§34-9-60 to §34-9-65","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32114,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31230,"codeId":27513,"versionId":49653,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-60","shortTitle":"Section 34-9-60","catchLine":"Use of Local Anesthesia; Permit to Use General Anesthesia.","title":"Section 34-9-60 Use of Local Anesthesia; Permit to Use General Anesthesia.","sectionRange":null,"content":"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:
1. 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
2. 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
3. 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
4. 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.
5. 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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32115,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31231,"codeId":50920,"versionId":43172,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-60.1","shortTitle":"Section 34-9-60.1","catchLine":"Administration of Infiltration Anesthesia by Dental Hygienists; Permit Requirements.","title":"Section 34-9-60.1 Administration of Infiltration Anesthesia by Dental Hygienists; Permit Requirements.","sectionRange":null,"content":"
(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.
","history":"(Act 2018-274, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32116,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31232,"codeId":27514,"versionId":30326,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-61","shortTitle":"Section 34-9-61","catchLine":"Review and Renewal of Permit; Reevaluation of Credentials and Facility.","title":"Section 34-9-61 Review and Renewal of Permit; Reevaluation of Credentials and Facility.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32117,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31233,"codeId":27515,"versionId":21655,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-62","shortTitle":"Section 34-9-62","catchLine":"Certification in Cardiopulmonary Resuscitation.","title":"Section 34-9-62 Certification in Cardiopulmonary Resuscitation.","sectionRange":null,"content":"Any dentist using general anesthesia, and his or her auxiliary personnel shall be currently certified in cardiopulmonary resuscitation.
","history":"(Acts 1985, No. 85-697, p. 1120, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32118,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31234,"codeId":27516,"versionId":49656,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-63","shortTitle":"Section 34-9-63","catchLine":"Permit to Use Parenteral Sedation.","title":"Section 34-9-63 Permit to Use Parenteral Sedation.","sectionRange":null,"content":"(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:
1. 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.
2. 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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32119,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31235,"codeId":27517,"versionId":30327,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-64","shortTitle":"Section 34-9-64","catchLine":"Annual Renewal of Parenteral Sedation Permit; Reevaluation of Credentials and Facility.","title":"Section 34-9-64 Annual Renewal of Parenteral Sedation Permit; Reevaluation of Credentials and Facility.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32120,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31236,"codeId":27518,"versionId":21656,"parentId":27512,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-65","shortTitle":"Section 34-9-65","catchLine":"Reports of Mortalities and Other Incidents Resulting from General Anesthesia or Sedation.","title":"Section 34-9-65 Reports of Mortalities and Other Incidents Resulting from General Anesthesia or Sedation.","sectionRange":null,"content":"(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.
","history":"(Acts 1985, No. 85-697, p. 1120, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32121,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31237,"codeId":31573,"versionId":null,"parentId":27471,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Oral Conscious Sedation.","title":"Article 4 Oral Conscious Sedation.","sectionRange":"§34-9-80 to §34-9-90","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32122,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31238,"codeId":31574,"versionId":26585,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-80","shortTitle":"Section 34-9-80","catchLine":"Definitions.","title":"Section 34-9-80 Definitions.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32123,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31239,"codeId":31575,"versionId":30328,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-81","shortTitle":"Section 34-9-81","catchLine":"Permits Required.","title":"Section 34-9-81 Permits Required.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §2; Act 2009-18, p. 43, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32124,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31240,"codeId":31576,"versionId":33521,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-82","shortTitle":"Section 34-9-82","catchLine":"Requirements for Treatment.","title":"Section 34-9-82 Requirements for Treatment.","sectionRange":null,"content":"(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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §3; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32125,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31241,"codeId":31577,"versionId":26586,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-83","shortTitle":"Section 34-9-83","catchLine":"Requirements for Assistants.","title":"Section 34-9-83 Requirements for Assistants.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32126,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31242,"codeId":31578,"versionId":26587,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-84","shortTitle":"Section 34-9-84","catchLine":"Report of Adverse Consequences.","title":"Section 34-9-84 Report of Adverse Consequences.","sectionRange":null,"content":"Any adverse consequence occurring with oral conscious sedation shall be reported to the board as required with general anesthesia and parenteral sedation.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32127,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31243,"codeId":31579,"versionId":26588,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-85","shortTitle":"Section 34-9-85","catchLine":"Limits on Advertisements.","title":"Section 34-9-85 Limits on Advertisements.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32128,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31244,"codeId":31580,"versionId":49657,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-86","shortTitle":"Section 34-9-86","catchLine":"On-Site Inspection.","title":"Section 34-9-86 On-Site Inspection.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §7; Act 2023-362, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32129,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31245,"codeId":31581,"versionId":26590,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-87","shortTitle":"Section 34-9-87","catchLine":"Permit Limitations.","title":"Section 34-9-87 Permit Limitations.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32130,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31246,"codeId":31582,"versionId":42757,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-88","shortTitle":"Section 34-9-88","catchLine":"Renewal of Permit.","title":"Section 34-9-88 Renewal of Permit.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §9; Act 2009-18, p. 43, §5; Act 2018-274, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32131,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31247,"codeId":31583,"versionId":33522,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-89","shortTitle":"Section 34-9-89","catchLine":"Treatment of Patients Under 12 Years of Age.","title":"Section 34-9-89 Treatment of Patients Under 12 Years of Age.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §10; Act 2011-571, p. 1165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32132,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31248,"codeId":31584,"versionId":26591,"parentId":31573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-9-90","shortTitle":"Section 34-9-90","catchLine":"Violations and Penalties.","title":"Section 34-9-90 Violations and Penalties.","sectionRange":null,"content":"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.
","history":"(Act 2005-298, 1st Sp. Sess., p. 563, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32133,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31249,"codeId":27519,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10","shortTitle":"Chapter 10","catchLine":"Employment Agencies.","title":"Chapter 10 Employment Agencies.","sectionRange":"§34-10-1 to §34-10-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32134,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31250,"codeId":27520,"versionId":21657,"parentId":27519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-10-1","shortTitle":"Section 34-10-1","catchLine":"License Required; Qualifications of License Applicant.","title":"Section 34-10-1 License Required; Qualifications of License Applicant.","sectionRange":null,"content":"(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.
","history":"(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32135,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31251,"codeId":27521,"versionId":21658,"parentId":27519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-10-2","shortTitle":"Section 34-10-2","catchLine":"Application for License.","title":"Section 34-10-2 Application for License.","sectionRange":null,"content":"(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.
","history":"(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32136,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31252,"codeId":27522,"versionId":21659,"parentId":27519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-10-3","shortTitle":"Section 34-10-3","catchLine":"Contents of License; Substitution of Names of Persons Charged with General Management; Expiration of License; Application for Renewal.","title":"Section 34-10-3 Contents of License; Substitution of Names of Persons Charged with General Management; Expiration of License; Application for Renewal.","sectionRange":null,"content":"(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.
","history":"(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32137,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31253,"codeId":27523,"versionId":21660,"parentId":27519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-10-4","shortTitle":"Section 34-10-4","catchLine":"License Not Transferable; Admission of Partners or Changes in Corporation.","title":"Section 34-10-4 License Not Transferable; Admission of Partners or Changes in Corporation.","sectionRange":null,"content":"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.
","history":"(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32138,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31254,"codeId":27524,"versionId":21661,"parentId":27519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-10-5","shortTitle":"Section 34-10-5","catchLine":"Annual License Fee.","title":"Section 34-10-5 Annual License Fee.","sectionRange":null,"content":"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.
","history":"(Acts 1965, 1st Ex. Sess., No. 224, p. 304, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32139,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31255,"codeId":27525,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11","shortTitle":"Chapter 11","catchLine":"Engineers and Land Surveyors.","title":"Chapter 11 Engineers and Land Surveyors.","sectionRange":"§34-11-1 to §34-11-37","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32140,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31256,"codeId":27526,"versionId":null,"parentId":27525,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-11-1 to §34-11-16","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32141,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31257,"codeId":27527,"versionId":42956,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-1","shortTitle":"Section 34-11-1","catchLine":"Definitions.","title":"Section 34-11-1 Definitions.","sectionRange":null,"content":"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:
1. Consultation, investigation, evaluation, planning, design and design coordination, or commissioning of engineering works, products, and systems.
2. Planning the use of land, air, or water.
3. Performing engineering surveys and studies.
4. 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:
1. 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.
2. Determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth.
3. 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.
4. Making any survey for the division, subdivision, or consolidation of any tract or tracts of land or for condominiums.
5. Locating or laying out alignments, positions, or elevations for the construction of fixed works.
6. 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.
7. 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.
8. 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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32142,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31258,"codeId":27528,"versionId":42957,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-2","shortTitle":"Section 34-11-2","catchLine":"Practice of Engineering and Land Surveying Regulated.","title":"Section 34-11-2 Practice of Engineering and Land Surveying Regulated.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32143,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31259,"codeId":27529,"versionId":42958,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-3","shortTitle":"Section 34-11-3","catchLine":"Roster of Registrants.","title":"Section 34-11-3 Roster of Registrants.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32144,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31260,"codeId":27530,"versionId":42959,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-4","shortTitle":"Section 34-11-4","catchLine":"General Requirements for Licensure or Certification.","title":"Section 34-11-4 General Requirements for Licensure or Certification.","sectionRange":null,"content":"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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
1. 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.
2. 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.
3. 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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32145,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31261,"codeId":27531,"versionId":42960,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-5","shortTitle":"Section 34-11-5","catchLine":"Applications; Fees.","title":"Section 34-11-5 Applications; Fees.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32146,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31262,"codeId":27532,"versionId":42961,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-6","shortTitle":"Section 34-11-6","catchLine":"Examinations.","title":"Section 34-11-6 Examinations.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32147,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31263,"codeId":27533,"versionId":42962,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-7","shortTitle":"Section 34-11-7","catchLine":"Issuance of Certificate; Seal.","title":"Section 34-11-7 Issuance of Certificate; Seal.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32148,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31264,"codeId":27534,"versionId":42963,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-8","shortTitle":"Section 34-11-8","catchLine":"Renewal of Certificates; Expired Licenses; Inactive Status; Retirement.","title":"Section 34-11-8 Renewal of Certificates; Expired Licenses; Inactive Status; Retirement.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32149,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31265,"codeId":27535,"versionId":42964,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-9","shortTitle":"Section 34-11-9","catchLine":"Practice by Firms.","title":"Section 34-11-9 Practice by Firms.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32150,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31266,"codeId":51116,"versionId":43337,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-9.1","shortTitle":"Section 34-11-9.1","catchLine":"Issuance of Duplicate Certificates.","title":"Section 34-11-9.1 Issuance of Duplicate Certificates.","sectionRange":null,"content":"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.
","history":"(Act 2018-550, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32151,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31267,"codeId":27536,"versionId":42965,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-10","shortTitle":"Section 34-11-10","catchLine":"Public Work.","title":"Section 34-11-10 Public Work.","sectionRange":null,"content":"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.
","history":"(Acts 1961, Ex. Sess., No. 79, p. 1976, §19; Act 2018-550, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32152,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31268,"codeId":27537,"versionId":42966,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-11","shortTitle":"Section 34-11-11","catchLine":"Disciplinary Action.","title":"Section 34-11-11 Disciplinary Action.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32153,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31269,"codeId":51114,"versionId":43335,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-11.1","shortTitle":"Section 34-11-11.1","catchLine":"Civil Penalties; Recovery of Costs.","title":"Section 34-11-11.1 Civil Penalties; Recovery of Costs.","sectionRange":null,"content":"(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.
","history":"(Act 2018-550, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32154,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31270,"codeId":51115,"versionId":43336,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-11.2","shortTitle":"Section 34-11-11.2","catchLine":"Complaints; Investigation; Hearing; Sanctions.","title":"Section 34-11-11.2 Complaints; Investigation; Hearing; Sanctions.","sectionRange":null,"content":"(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.
","history":"(Act 2018-550, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32155,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31271,"codeId":27538,"versionId":42967,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-12","shortTitle":"Section 34-11-12","catchLine":"Reissuance of Revoked Certificates.","title":"Section 34-11-12 Reissuance of Revoked Certificates.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32156,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31272,"codeId":27539,"versionId":42968,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-13","shortTitle":"Section 34-11-13","catchLine":"Appeals.","title":"Section 34-11-13 Appeals.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32157,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31273,"codeId":27540,"versionId":42969,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-14","shortTitle":"Section 34-11-14","catchLine":"Persons and Acts Exempt from Chapter.","title":"Section 34-11-14 Persons and Acts Exempt from Chapter.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32158,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31274,"codeId":27541,"versionId":43338,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-15","shortTitle":"Section 34-11-15","catchLine":"Violations; Penalties.","title":"Section 34-11-15 Violations; Penalties.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32159,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31275,"codeId":27542,"versionId":26174,"parentId":27526,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-16","shortTitle":"Section 34-11-16","catchLine":"Violations; Civil Penalties; Notice and Hearing; Subpoena Power; Appeal.","title":"Section 34-11-16 Violations; Civil Penalties; Notice and Hearing; Subpoena Power; Appeal.","sectionRange":null,"content":"REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-550 EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1997, No. 97-683, p. 1332, §2; Act 2004-501, p. 954, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32160,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31276,"codeId":27543,"versionId":null,"parentId":27525,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Board of Registration.","title":"Article 2 Board of Registration.","sectionRange":"§34-11-30 to §34-11-37","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32161,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31277,"codeId":27544,"versionId":42970,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-30","shortTitle":"Section 34-11-30","catchLine":"Creation and Composition; Nominating Committee; Terms of Office.","title":"Section 34-11-30 Creation and Composition; Nominating Committee; Terms of Office.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32162,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31278,"codeId":27545,"versionId":42971,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-31","shortTitle":"Section 34-11-31","catchLine":"Qualifications of Members.","title":"Section 34-11-31 Qualifications of Members.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32163,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31279,"codeId":27546,"versionId":42972,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-32","shortTitle":"Section 34-11-32","catchLine":"Compensation and Expenses.","title":"Section 34-11-32 Compensation and Expenses.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32164,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31280,"codeId":27547,"versionId":21662,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-33","shortTitle":"Section 34-11-33","catchLine":"Removal of Members; Vacancies.","title":"Section 34-11-33 Removal of Members; Vacancies.","sectionRange":null,"content":"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.
","history":"(Acts 1961, Ex. Sess., No. 79, p. 1976, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32165,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31281,"codeId":27548,"versionId":42973,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-34","shortTitle":"Section 34-11-34","catchLine":"Meetings; Legal Office; Officers; Quorum.","title":"Section 34-11-34 Meetings; Legal Office; Officers; Quorum.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32166,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31282,"codeId":27549,"versionId":42974,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-35","shortTitle":"Section 34-11-35","catchLine":"Powers of the Board.","title":"Section 34-11-35 Powers of the Board.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32167,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31283,"codeId":49155,"versionId":42975,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-35.1","shortTitle":"Section 34-11-35.1","catchLine":"Legislative Findings; Rulemaking Authority.","title":"Section 34-11-35.1 Legislative Findings; Rulemaking Authority.","sectionRange":null,"content":"(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).
","history":"(Act 2017-384, §§1-3; Act 2018-550, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32168,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31284,"codeId":27550,"versionId":42976,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-36","shortTitle":"Section 34-11-36","catchLine":"Receipts and Disbursements.","title":"Section 34-11-36 Receipts and Disbursements.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32169,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31285,"codeId":27551,"versionId":42977,"parentId":27543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-11-37","shortTitle":"Section 34-11-37","catchLine":"Records and Reports; Confidentiality.","title":"Section 34-11-37 Records and Reports; Confidentiality.","sectionRange":null,"content":"(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.
","history":"(Acts 1961, Ex. Sess., No. 79, p. 1976, §10; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32170,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31286,"codeId":27552,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12","shortTitle":"Chapter 12","catchLine":"Foresters.","title":"Chapter 12 Foresters.","sectionRange":"§34-12-1 to §34-12-37","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32171,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31287,"codeId":27553,"versionId":null,"parentId":27552,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-12-1 to §34-12-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32172,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31288,"codeId":27554,"versionId":22313,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-1","shortTitle":"Section 34-12-1","catchLine":"Definitions.","title":"Section 34-12-1 Definitions.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32173,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31289,"codeId":27555,"versionId":22314,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-2","shortTitle":"Section 34-12-2","catchLine":"Registration Required; Exceptions.","title":"Section 34-12-2 Registration Required; Exceptions.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32174,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31290,"codeId":27556,"versionId":26631,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-3","shortTitle":"Section 34-12-3","catchLine":"Roster of Registered Foresters.","title":"Section 34-12-3 Roster of Registered Foresters.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32175,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31291,"codeId":27557,"versionId":32880,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-4","shortTitle":"Section 34-12-4","catchLine":"Qualifications of Applicants for Registration.","title":"Section 34-12-4 Qualifications of Applicants for Registration.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32176,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31292,"codeId":27558,"versionId":22637,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-5","shortTitle":"Section 34-12-5","catchLine":"Applications; Registration Fees.","title":"Section 34-12-5 Applications; Registration Fees.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32177,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31293,"codeId":27559,"versionId":22318,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-6","shortTitle":"Section 34-12-6","catchLine":"Examination.","title":"Section 34-12-6 Examination.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §14; Acts 1986, No. 86-117, p. 138, §3; Act 98-145, p. 223, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32178,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31294,"codeId":27560,"versionId":21663,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-7","shortTitle":"Section 34-12-7","catchLine":"Licenses - Issuance; Contents; Use of License Number.","title":"Section 34-12-7 Licenses - Issuance; Contents; Use of License Number.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32179,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31295,"codeId":27561,"versionId":46074,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-8","shortTitle":"Section 34-12-8","catchLine":"Licenses - Expiration; Renewal.","title":"Section 34-12-8 Licenses - Expiration; Renewal.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32180,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31296,"codeId":27562,"versionId":22319,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-9","shortTitle":"Section 34-12-9","catchLine":"Licenses - Revocation; Administrative Fines; Reissuance; Replacement of Lost License.","title":"Section 34-12-9 Licenses - Revocation; Administrative Fines; Reissuance; Replacement of Lost License.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32181,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31297,"codeId":27563,"versionId":21664,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-10","shortTitle":"Section 34-12-10","catchLine":"Firms, Partnerships, and Corporations.","title":"Section 34-12-10 Firms, Partnerships, and Corporations.","sectionRange":null,"content":"Registration shall be determined upon a basis of individual, personal qualifications. No firms, companies, partnerships, or corporations can be licensed under this chapter.
","history":"(Acts 1957, No. 533, p. 750, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32182,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31298,"codeId":27564,"versionId":22320,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-11","shortTitle":"Section 34-12-11","catchLine":"Reciprocity.","title":"Section 34-12-11 Reciprocity.","sectionRange":null,"content":"(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.
","history":"(Acts 1957, No. 533, p. 750, §18; Acts 1969, No. 1051, p. 1965, §9; Act 98-145, p. 223, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32183,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31299,"codeId":27565,"versionId":22321,"parentId":27553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-12","shortTitle":"Section 34-12-12","catchLine":"Violations and Penalties.","title":"Section 34-12-12 Violations and Penalties.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32184,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31300,"codeId":27566,"versionId":null,"parentId":27552,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Board of Registration.","title":"Article 2 Board of Registration.","sectionRange":"§34-12-30 to §34-12-37","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32185,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31301,"codeId":27567,"versionId":46071,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-30","shortTitle":"Section 34-12-30","catchLine":"Creation; Composition; Diversity of Membership.","title":"Section 34-12-30 Creation; Composition; Diversity of Membership.","sectionRange":null,"content":"(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).
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32186,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31302,"codeId":27568,"versionId":46047,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-31","shortTitle":"Section 34-12-31","catchLine":"Qualifications of Members.","title":"Section 34-12-31 Qualifications of Members.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §4; Acts 1969, No. 1051, p. 1965, §4; Act 2021-412, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32187,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31303,"codeId":27569,"versionId":21665,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-32","shortTitle":"Section 34-12-32","catchLine":"Compensation and Expenses.","title":"Section 34-12-32 Compensation and Expenses.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §5; Acts 1973, No. 1202, p. 2020, §3; Acts 1986, No. 86-117, p. 138, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32188,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31304,"codeId":27570,"versionId":21666,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-33","shortTitle":"Section 34-12-33","catchLine":"Removal of Members; Vacancies.","title":"Section 34-12-33 Removal of Members; Vacancies.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32189,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31305,"codeId":27571,"versionId":46073,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-34","shortTitle":"Section 34-12-34","catchLine":"Meetings; Officers; Quorum.","title":"Section 34-12-34 Meetings; Officers; Quorum.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §7; Act 2021-435, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32190,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31306,"codeId":27572,"versionId":25350,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-35","shortTitle":"Section 34-12-35","catchLine":"Powers Generally.","title":"Section 34-12-35 Powers Generally.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §8; Acts 1973, No. 1202, p. 2020, §4; Act 2002-83, p. 261, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32191,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31307,"codeId":27573,"versionId":46072,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-36","shortTitle":"Section 34-12-36","catchLine":"Professional Foresters Fund; Employees; Gifts, Bequests, Etc.; Expenditures.","title":"Section 34-12-36 Professional Foresters Fund; Employees; Gifts, Bequests, Etc.; Expenditures.","sectionRange":null,"content":"(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.
","history":"(Acts 1957, No. 533, p. 750, §9; Acts 1986, No. 86-117, p. 138, §3; Act 2021-434, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32192,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31308,"codeId":27574,"versionId":21667,"parentId":27566,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-12-37","shortTitle":"Section 34-12-37","catchLine":"Records and Reports.","title":"Section 34-12-37 Records and Reports.","sectionRange":null,"content":"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.
","history":"(Acts 1957, No. 533, p. 750, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32193,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31309,"codeId":27575,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13","shortTitle":"Chapter 13","catchLine":"Funeral Services.","title":"Chapter 13 Funeral Services.","sectionRange":"§34-13-1 to §34-13-277","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32194,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31310,"codeId":27576,"versionId":null,"parentId":27575,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-13-1 to §34-13-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32195,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31311,"codeId":27577,"versionId":50109,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-1","shortTitle":"Section 34-13-1","catchLine":"Definitions.","title":"Section 34-13-1 Definitions.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32196,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31312,"codeId":27578,"versionId":47881,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-2","shortTitle":"Section 34-13-2","catchLine":"Purpose of Chapter.","title":"Section 34-13-2 Purpose of Chapter.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32197,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31313,"codeId":27579,"versionId":42863,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-3","shortTitle":"Section 34-13-3","catchLine":"Construction and Application of Chapter.","title":"Section 34-13-3 Construction and Application of Chapter.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §11; Act 2017-433, §1; Act 2018-450, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32198,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31314,"codeId":27580,"versionId":47882,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-4","shortTitle":"Section 34-13-4","catchLine":"Distribution and Maintenance of Statues, Rules, and List of Licenses.","title":"Section 34-13-4 Distribution and Maintenance of Statues, Rules, and List of Licenses.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32199,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31315,"codeId":27581,"versionId":42864,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-5","shortTitle":"Section 34-13-5","catchLine":"Courts Having Jurisdiction; Initiation of Proceedings.","title":"Section 34-13-5 Courts Having Jurisdiction; Initiation of Proceedings.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §38; Act 2018-450, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32200,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31316,"codeId":27582,"versionId":42865,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-6","shortTitle":"Section 34-13-6","catchLine":"Recourse by a Licensee Against Unreasonable Orders or Wrongful Interpretations by the Board.","title":"Section 34-13-6 Recourse by a Licensee Against Unreasonable Orders or Wrongful Interpretations by the Board.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §47; Act 2014-125, p. 206, §1; Act 2018-450, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32201,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31317,"codeId":27583,"versionId":47883,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-7","shortTitle":"Section 34-13-7","catchLine":"Embezzlement, Abstracting, or Willfully Misapplying Moneys Collected; Bribery.","title":"Section 34-13-7 Embezzlement, Abstracting, or Willfully Misapplying Moneys Collected; Bribery.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §48; Act 2011-623, p. 1439, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32202,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31318,"codeId":27584,"versionId":41061,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-8","shortTitle":"Section 34-13-8","catchLine":"Certified Copy of Official Documents.","title":"Section 34-13-8 Certified Copy of Official Documents.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §51; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32203,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31319,"codeId":27585,"versionId":47884,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-9","shortTitle":"Section 34-13-9","catchLine":"Pricing Requirements.","title":"Section 34-13-9 Pricing Requirements.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §52; Act 2011-623, p. 1439, §1; Act 2014-125, p. 206, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32204,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31320,"codeId":27586,"versionId":41062,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-10","shortTitle":"Section 34-13-10","catchLine":"Violations.","title":"Section 34-13-10 Violations.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §53; Acts 1981, No. 81-200, p. 234, §4; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32205,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31321,"codeId":30837,"versionId":47885,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-11","shortTitle":"Section 34-13-11","catchLine":"Authorizing Agent; Right of Disposition.","title":"Section 34-13-11 Authorizing Agent; Right of Disposition.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32206,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31322,"codeId":30838,"versionId":47886,"parentId":27576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-12","shortTitle":"Section 34-13-12","catchLine":"Truthfulness of Documentary Information; Rights and Obligations of Licensee; Liability.","title":"Section 34-13-12 Truthfulness of Documentary Information; Rights and Obligations of Licensee; Liability.","sectionRange":null,"content":"(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.
","history":"(Act 2002-239, p. 498, §3; Act 2011-623, p. 1439, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32207,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31323,"codeId":27587,"versionId":null,"parentId":27575,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Board of Funeral Service.","title":"Article 2 Board of Funeral Service.","sectionRange":"§34-13-20 to §34-13-30.1","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32208,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31324,"codeId":27588,"versionId":50110,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-20","shortTitle":"Section 34-13-20","catchLine":"Creation; Composition; Qualifications of Members; Appointment and Removal from Board.","title":"Section 34-13-20 Creation; Composition; Qualifications of Members; Appointment and Removal from Board.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32209,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31325,"codeId":27589,"versionId":50111,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-21","shortTitle":"Section 34-13-21","catchLine":"Membership Districts.","title":"Section 34-13-21 Membership Districts.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §4; Act 2017-433, §1; Act 2023-94, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32210,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31326,"codeId":27590,"versionId":50112,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-22","shortTitle":"Section 34-13-22","catchLine":"Meetings; Quorum.","title":"Section 34-13-22 Meetings; Quorum.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32211,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31327,"codeId":27591,"versionId":50113,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-23","shortTitle":"Section 34-13-23","catchLine":"Officers; Rulemaking Authority of Board; Compensation; Executive Director; Disposition of Funds.","title":"Section 34-13-23 Officers; Rulemaking Authority of Board; Compensation; Executive Director; Disposition of Funds.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32212,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31328,"codeId":27592,"versionId":47888,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-24","shortTitle":"Section 34-13-24","catchLine":"Oath of Members.","title":"Section 34-13-24 Oath of Members.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §7; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32213,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31329,"codeId":27593,"versionId":41065,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-25","shortTitle":"Section 34-13-25","catchLine":"Hearings to Be Public; Record of Proceedings.","title":"Section 34-13-25 Hearings to Be Public; Record of Proceedings.","sectionRange":null,"content":"All hearings provided for by this chapter shall be conducted pursuant to the Alabama Administrative Procedure Act.
","history":"(Acts 1975, No. 214, p. 705, §31; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32214,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31330,"codeId":27594,"versionId":47889,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-26","shortTitle":"Section 34-13-26","catchLine":"Rulemaking Authority; Establishment and Conduct of Committees and Subcommittees.","title":"Section 34-13-26 Rulemaking Authority; Establishment and Conduct of Committees and Subcommittees.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32215,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31331,"codeId":27595,"versionId":50114,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-27","shortTitle":"Section 34-13-27","catchLine":"Seal; Scope of Rules; Rulemaking Authority of Preneed Division.","title":"Section 34-13-27 Seal; Scope of Rules; Rulemaking Authority of Preneed Division.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §§8, 34; Act 2022-339, §1; Act 2023-94, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32216,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31332,"codeId":27596,"versionId":21671,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-28","shortTitle":"Section 34-13-28","catchLine":"Annual Report.","title":"Section 34-13-28 Annual Report.","sectionRange":null,"content":"Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
","history":"(Acts 1975, No. 214, p. 705, §36; Acts 1981, No. 81-200, p. 234, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32217,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31333,"codeId":27597,"versionId":41067,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-29","shortTitle":"Section 34-13-29","catchLine":"Audit and Payment of Expenses.","title":"Section 34-13-29 Audit and Payment of Expenses.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §37; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32218,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31334,"codeId":27598,"versionId":41068,"parentId":27587,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-31","shortTitle":"Section 34-13-31","catchLine":"Appeal from Decision of Board.","title":"Section 34-13-31 Appeal from Decision of Board.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §32; Act 2014-125, p. 206, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32219,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31336,"codeId":27599,"versionId":null,"parentId":27575,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Licenses, Examinations, and Registration.","title":"Article 3 Licenses, Examinations, and Registration.","sectionRange":"§34-13-50 to §34-13-134","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32221,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31337,"codeId":27600,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"General Provisions.","title":"Division 1 General Provisions.","sectionRange":"§34-13-50 to §34-13-57","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32222,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31338,"codeId":27601,"versionId":34541,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-50","shortTitle":"Section 34-13-50","catchLine":"Board Recognition of Schools and Colleges.","title":"Section 34-13-50 Board Recognition of Schools and Colleges.","sectionRange":null,"content":"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.
","history":"Acts 1975, No. 214, p. 705, §20; Act 2011-623, p. 1439, §1; Act 2012-423, p. 1142, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32223,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31339,"codeId":27602,"versionId":41069,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-51","shortTitle":"Section 34-13-51","catchLine":"Reciprocity of Licenses.","title":"Section 34-13-51 Reciprocity of Licenses.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32224,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31340,"codeId":27603,"versionId":47891,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-52","shortTitle":"Section 34-13-52","catchLine":"Execution and Display of Licenses.","title":"Section 34-13-52 Execution and Display of Licenses.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §21; Act 2011-623, p. 1439, §1; Act 2017-433, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32225,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31341,"codeId":27604,"versionId":47892,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-53","shortTitle":"Section 34-13-53","catchLine":"Renewal of Licenses; Continuing Educaiton; Records.","title":"Section 34-13-53 Renewal of Licenses; Continuing Educaiton; Records.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32226,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31342,"codeId":27605,"versionId":47893,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-54","shortTitle":"Section 34-13-54","catchLine":"Transferability.","title":"Section 34-13-54 Transferability.","sectionRange":null,"content":"No license granted under or regulated by this chapter shall be transferable or assignable, unless otherwise authorized by this chapter.
","history":"(Acts 1975, No. 214, p. 705, §10; Act 2017-433, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32227,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31343,"codeId":27606,"versionId":47894,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-55","shortTitle":"Section 34-13-55","catchLine":"Renewal of Past Due License, Certificate, or Registration; Reactivation.","title":"Section 34-13-55 Renewal of Past Due License, Certificate, or Registration; Reactivation.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32228,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31344,"codeId":27607,"versionId":47895,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-56","shortTitle":"Section 34-13-56","catchLine":"Grounds for Revocation, Suspension, or Refusal to Issue or Renew Licenses, Etc.; Hearing; Fines.","title":"Section 34-13-56 Grounds for Revocation, Suspension, or Refusal to Issue or Renew Licenses, Etc.; Hearing; Fines.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32229,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31345,"codeId":49250,"versionId":47896,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-56.1","shortTitle":"Section 34-13-56.1","catchLine":"Unlawful Practice Without a License.","title":"Section 34-13-56.1 Unlawful Practice Without a License.","sectionRange":null,"content":"(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.
","history":"(Act 2017-433, §2; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32230,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31346,"codeId":27608,"versionId":41075,"parentId":27600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-57","shortTitle":"Section 34-13-57","catchLine":"Executive Director to Provide Notice of Examination.","title":"Section 34-13-57 Executive Director to Provide Notice of Examination.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §39; Act 2014-125, p. 206, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32231,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31347,"codeId":27609,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Funeral Directors.","title":"Division 2 Funeral Directors.","sectionRange":"§34-13-70 to §34-13-74","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32232,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31348,"codeId":27610,"versionId":41076,"parentId":27609,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-70","shortTitle":"Section 34-13-70","catchLine":"License Required; Filing of Application; Fee; Criminal History Background Check.","title":"Section 34-13-70 License Required; Filing of Application; Fee; Criminal History Background Check.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32233,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31349,"codeId":27611,"versionId":41077,"parentId":27609,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-71","shortTitle":"Section 34-13-71","catchLine":"Form and Contents of Application; Interview.","title":"Section 34-13-71 Form and Contents of Application; Interview.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §12; Act 2014-125, p. 206, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32234,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31350,"codeId":27612,"versionId":47897,"parentId":27609,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-72","shortTitle":"Section 34-13-72","catchLine":"Qualifications of Applicants; Examination Requirements; Fee.","title":"Section 34-13-72 Qualifications of Applicants; Examination Requirements; Fee.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32235,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31351,"codeId":27613,"versionId":47898,"parentId":27609,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-73","shortTitle":"Section 34-13-73","catchLine":"Scope of Examination.","title":"Section 34-13-73 Scope of Examination.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32236,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31352,"codeId":27614,"versionId":41078,"parentId":27609,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-74","shortTitle":"Section 34-13-74","catchLine":"Application by Surviving Spouse Upon Death of Funeral Director; Operation Under Special Permit by Operator.","title":"Section 34-13-74 Application by Surviving Spouse Upon Death of Funeral Director; Operation Under Special Permit by Operator.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §45; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32237,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31353,"codeId":27615,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Embalmers.","title":"Division 3 Embalmers.","sectionRange":"§34-13-90 to §34-13-94","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32238,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31354,"codeId":27616,"versionId":33558,"parentId":27615,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-90","shortTitle":"Section 34-13-90","catchLine":"License Required; Fees.","title":"Section 34-13-90 License Required; Fees.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32239,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31355,"codeId":27617,"versionId":41079,"parentId":27615,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-91","shortTitle":"Section 34-13-91","catchLine":"Application for Examination; Interview; Criminal History Background Check.","title":"Section 34-13-91 Application for Examination; Interview; Criminal History Background Check.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §16; Act 2014-125, p. 206, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32240,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31356,"codeId":27618,"versionId":47899,"parentId":27615,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-92","shortTitle":"Section 34-13-92","catchLine":"Qualifications of Applicants; Examination Requirements; Fee.","title":"Section 34-13-92 Qualifications of Applicants; Examination Requirements; Fee.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32241,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31357,"codeId":27619,"versionId":37138,"parentId":27615,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-93","shortTitle":"Section 34-13-93","catchLine":"Examination of Applicant for License.","title":"Section 34-13-93 Examination of Applicant for License.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §15; Act 2014-125, p. 206, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32242,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31358,"codeId":27620,"versionId":47900,"parentId":27615,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-94","shortTitle":"Section 34-13-94","catchLine":"Scope and Conduct of Examination.","title":"Section 34-13-94 Scope and Conduct of Examination.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32243,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31359,"codeId":27621,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Funeral Establishments.","title":"Division 4 Funeral Establishments.","sectionRange":"§34-13-110 to §34-13-117","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32244,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31360,"codeId":27622,"versionId":41080,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-110","shortTitle":"Section 34-13-110","catchLine":"Operation through Licensed Director or Embalmer; Name Requirements; Advertising Cremation or Cremation Services.","title":"Section 34-13-110 Operation through Licensed Director or Embalmer; Name Requirements; Advertising Cremation or Cremation Services.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §40; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32245,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31361,"codeId":27623,"versionId":41081,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-111","shortTitle":"Section 34-13-111","catchLine":"License Required; Inspections; Transfer of License; Change of Ownership.","title":"Section 34-13-111 License Required; Inspections; Transfer of License; Change of Ownership.","sectionRange":null,"content":"(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).
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32246,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31362,"codeId":27624,"versionId":41082,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-112","shortTitle":"Section 34-13-112","catchLine":"Employment of Embalmer or Director by Other Establishments; Supervision and Control; Licensing of Establishment Not to License Embalmer or Director.","title":"Section 34-13-112 Employment of Embalmer or Director by Other Establishments; Supervision and Control; Licensing of Establishment Not to License Embalmer or Director.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §43; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32247,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31363,"codeId":27625,"versionId":47901,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-113","shortTitle":"Section 34-13-113","catchLine":"Application for License; Inspection of Establishment; Issuance of License; Proof of Liability Insurance.","title":"Section 34-13-113 Application for License; Inspection of Establishment; Issuance of License; Proof of Liability Insurance.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32248,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31364,"codeId":27626,"versionId":33559,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-114","shortTitle":"Section 34-13-114","catchLine":"Reissuing License Upon Change of Name.","title":"Section 34-13-114 Reissuing License Upon Change of Name.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §23; Act 2011-623, p. 1439, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32249,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31365,"codeId":27627,"versionId":41084,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-115","shortTitle":"Section 34-13-115","catchLine":"Revocation, Suspension, or Refusal to Renew License.","title":"Section 34-13-115 Revocation, Suspension, or Refusal to Renew License.","sectionRange":null,"content":"(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.
","history":"(Acts 1975, No. 214, p. 705, §33; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32250,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31366,"codeId":27628,"versionId":41085,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-116","shortTitle":"Section 34-13-116","catchLine":"Penalty for Failure to Register.","title":"Section 34-13-116 Penalty for Failure to Register.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §42; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32251,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31367,"codeId":49251,"versionId":41448,"parentId":27621,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-117","shortTitle":"Section 34-13-117","catchLine":"Disposition of Remains.","title":"Section 34-13-117 Disposition of Remains.","sectionRange":null,"content":"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.
","history":"(Act 2017-433, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32252,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31368,"codeId":30839,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4A","shortTitle":"Division 4A","catchLine":"Cremation Services.","title":"Division 4A Cremation Services.","sectionRange":"§34-13-120 to §34-13-123","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32253,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31369,"codeId":30840,"versionId":41086,"parentId":30839,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-120","shortTitle":"Section 34-13-120","catchLine":"License Required; Crematory Requirements; Application and Inspection; Records; Violations; Rulemaking Authority.","title":"Section 34-13-120 License Required; Crematory Requirements; Application and Inspection; Records; Violations; Rulemaking Authority.","sectionRange":null,"content":"(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.
","history":"(Act 2002-239, p. 498, §3; Act 2011-623, p. 1439, §1; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32254,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31370,"codeId":49252,"versionId":41449,"parentId":30839,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-120.1","shortTitle":"Section 34-13-120.1","catchLine":"License Requirements; Certification.","title":"Section 34-13-120.1 License Requirements; Certification.","sectionRange":null,"content":"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.
","history":"(Act 2017-433, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32255,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31371,"codeId":30841,"versionId":41087,"parentId":30839,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-121","shortTitle":"Section 34-13-121","catchLine":"Cremation Procedures; Authorization; Identification of Remains; Records.","title":"Section 34-13-121 Cremation Procedures; Authorization; Identification of Remains; Records.","sectionRange":null,"content":"(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.
","history":"(Act 2002-239, p. 498, §3; Act 2017-433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32256,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31372,"codeId":30842,"versionId":49889,"parentId":30839,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-122","shortTitle":"Section 34-13-122","catchLine":"Disposition of Cremated Remains.","title":"Section 34-13-122 Disposition of Cremated Remains.","sectionRange":null,"content":"(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.
","history":"(Act 2002-239, p. 498, §3; Act 2023-491, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32257,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31373,"codeId":49253,"versionId":41450,"parentId":30839,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-123","shortTitle":"Section 34-13-123","catchLine":"Violations.","title":"Section 34-13-123 Violations.","sectionRange":null,"content":"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.
","history":"(Act 2017-433, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32258,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31374,"codeId":27629,"versionId":null,"parentId":27599,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"5","shortTitle":"Division 5","catchLine":"Apprentices.","title":"Division 5 Apprentices.","sectionRange":"§34-13-130 to §34-13-134","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32259,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31375,"codeId":27630,"versionId":47902,"parentId":27629,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-130","shortTitle":"Section 34-13-130","catchLine":"Apprentice Requirements; Application; Course of Apprenticeship.","title":"Section 34-13-130 Apprentice Requirements; Application; Course of Apprenticeship.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32260,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31376,"codeId":27631,"versionId":47903,"parentId":27629,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-131","shortTitle":"Section 34-13-131","catchLine":"Annual Renewal of Certificate; Reactivations.","title":"Section 34-13-131 Annual Renewal of Certificate; Reactivations.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32261,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31377,"codeId":27632,"versionId":47904,"parentId":27629,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-132","shortTitle":"Section 34-13-132","catchLine":"Annual Report and Skills Evaluation.","title":"Section 34-13-132 Annual Report and Skills Evaluation.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §28; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32262,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31378,"codeId":27633,"versionId":21672,"parentId":27629,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-133","shortTitle":"Section 34-13-133","catchLine":"Leave of Absence.","title":"Section 34-13-133 Leave of Absence.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32263,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31379,"codeId":27634,"versionId":47905,"parentId":27629,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-134","shortTitle":"Section 34-13-134","catchLine":"Duties of Driver Involved in Motor Vehicle Accident; Removal of Vehicle from Roadway.","title":"Section 34-13-134 Duties of Driver Involved in Motor Vehicle Accident; Removal of Vehicle from Roadway.","sectionRange":null,"content":"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.
","history":"(Acts 1975, No. 214, p. 705, §30; Act 2014-125, p. 206, §1; Act 2017-433, §1; Act 2022-339, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32264,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31380,"codeId":27635,"versionId":null,"parentId":27575,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Donor Eye Enucleation Licenses. Repealed","title":"Article 4 Donor Eye Enucleation Licenses. Repealed","sectionRange":"§34-13-150 to §34-13-152","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32265,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31381,"codeId":27636,"versionId":21673,"parentId":27635,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-150","shortTitle":"Section 34-13-150","catchLine":"Issuance.","title":"Section 34-13-150 Issuance.","sectionRange":null,"content":"Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
","history":"(Acts 1976, No. 586, p. 798, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32266,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31382,"codeId":27637,"versionId":21674,"parentId":27635,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-151","shortTitle":"Section 34-13-151","catchLine":"Promulgation of Standards, Procedures, Regulations, Etc., by Board of Funeral Service.","title":"Section 34-13-151 Promulgation of Standards, Procedures, Regulations, Etc., by Board of Funeral Service.","sectionRange":null,"content":"Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
","history":"(Acts 1976, No. 586, p. 798, §§2, 4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32267,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31383,"codeId":27638,"versionId":21675,"parentId":27635,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-152","shortTitle":"Section 34-13-152","catchLine":"Compliance by Licensee with Uniform Anatomical Gift Act.","title":"Section 34-13-152 Compliance by Licensee with Uniform Anatomical Gift Act.","sectionRange":null,"content":"Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
","history":"(Acts 1976, No. 586, p. 798, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32268,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31384,"codeId":58118,"versionId":null,"parentId":27575,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Alabama Preneed Funeral and Cemetery Act of 2023.","title":"Article 5 Alabama Preneed Funeral and Cemetery Act of 2023.","sectionRange":"§34-13-170 to §34-13-277","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32269,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31385,"codeId":58119,"versionId":null,"parentId":58118,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"General Provisions.","title":"Division 1 General Provisions.","sectionRange":"§34-13-170 to §34-13-172","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32270,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31386,"codeId":30779,"versionId":50115,"parentId":58119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-170","shortTitle":"Section 34-13-170","catchLine":"Short Title; Transfers from Department of Insurance to the Board of Funeral Services.","title":"Section 34-13-170 Short Title; Transfers from Department of Insurance to the Board of Funeral Services.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-1; Act 2023-94, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32271,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31387,"codeId":30781,"versionId":50116,"parentId":58119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-171","shortTitle":"Section 34-13-171","catchLine":"Funding of Preneed Contracts; Premium Payments; Commissions; Preneed Seller as Beneficiary or Assignee.","title":"Section 34-13-171 Funding of Preneed Contracts; Premium Payments; Commissions; Preneed Seller as Beneficiary or Assignee.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §1; §27-17A-3; Act 2023-94, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32272,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31388,"codeId":30782,"versionId":25550,"parentId":58119,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-172","shortTitle":"Section 34-13-172","catchLine":"Sale of Funeral Merchandise, Etc.","title":"Section 34-13-172 Sale of Funeral Merchandise, Etc.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-1; Act 2023-94, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32273,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31389,"codeId":58121,"versionId":null,"parentId":58118,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Certificate of Authority.","title":"Division 2 Certificate of Authority.","sectionRange":"§34-13-190 to §34-13-206","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32274,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31390,"codeId":30784,"versionId":50117,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-190","shortTitle":"Section 34-13-190","catchLine":"Certificate Required.","title":"Section 34-13-190 Certificate Required.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §1; §27-7A-10; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32275,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31393,"codeId":30786,"versionId":50120,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-193","shortTitle":"Section 34-13-193","catchLine":"Preneed Contract Forms; Disclosure; Approval.","title":"Section 34-13-193 Preneed Contract Forms; Disclosure; Approval.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-12; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32278,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31394,"codeId":30787,"versionId":50121,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-194","shortTitle":"Section 34-13-194","catchLine":"Monies to Be Placed in Trust; Compliance by Pre-existing Preneed Contracts.","title":"Section 34-13-194 Monies to Be Placed in Trust; Compliance by Pre-existing Preneed Contracts.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-13; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32279,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31395,"codeId":30788,"versionId":50122,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-195","shortTitle":"Section 34-13-195","catchLine":"Surety Bond.","title":"Section 34-13-195 Surety Bond.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-14; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32280,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31396,"codeId":30789,"versionId":50123,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-196","shortTitle":"Section 34-13-196","catchLine":"Examination of Board.","title":"Section 34-13-196 Examination of Board.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-15; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32281,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31397,"codeId":30790,"versionId":50124,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-197","shortTitle":"Section 34-13-197","catchLine":"Inactive Certificate Holder; Surrender of License.","title":"Section 34-13-197 Inactive Certificate Holder; Surrender of License.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-16; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32282,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31398,"codeId":30791,"versionId":50125,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-198","shortTitle":"Section 34-13-198","catchLine":"Revoking, Suspending, or Placing on Probation the Certificate of Authority and the Establishment License of a Certificate Holder.","title":"Section 34-13-198 Revoking, Suspending, or Placing on Probation the Certificate of Authority and the Establishment License of a Certificate Holder.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-17; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32283,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31400,"codeId":30793,"versionId":50129,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-200","shortTitle":"Section 34-13-200","catchLine":"Prohibited Activities.","title":"Section 34-13-200 Prohibited Activities.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-19; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32285,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31401,"codeId":30794,"versionId":50130,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-201","shortTitle":"Section 34-13-201","catchLine":"Hearing; Procedures; Penalties.","title":"Section 34-13-201 Hearing; Procedures; Penalties.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-20; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32286,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31402,"codeId":30795,"versionId":50132,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-202","shortTitle":"Section 34-13-202","catchLine":"Fine in Lieu of Suspension or Revocation of Certificate.","title":"Section 34-13-202 Fine in Lieu of Suspension or Revocation of Certificate.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-21; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32287,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31403,"codeId":30796,"versionId":50134,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-203","shortTitle":"Section 34-13-203","catchLine":"Violations and Penalties.","title":"Section 34-13-203 Violations and Penalties.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-22; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32288,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31404,"codeId":30797,"versionId":50135,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-204","shortTitle":"Section 34-13-204","catchLine":"Civil Actions; Liability.","title":"Section 34-13-204 Civil Actions; Liability.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-23; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32289,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31405,"codeId":30798,"versionId":50136,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-205","shortTitle":"Section 34-13-205","catchLine":"Construction of Article.","title":"Section 34-13-205 Construction of Article.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-24; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32290,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31406,"codeId":30799,"versionId":50137,"parentId":58121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-206","shortTitle":"Section 34-13-206","catchLine":"Disposition of Funds.","title":"Section 34-13-206 Disposition of Funds.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-25; Act 2023-94, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32291,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31407,"codeId":58141,"versionId":null,"parentId":58118,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Funeral Merchandise and Services Trust Fund.","title":"Division 3 Funeral Merchandise and Services Trust Fund.","sectionRange":"§34-13-230 to §34-13-234","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32292,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31408,"codeId":30801,"versionId":50139,"parentId":58141,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-230","shortTitle":"Section 34-13-230","catchLine":"Applicability of Chapter.","title":"Section 34-13-230 Applicability of Chapter.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-30; Act 2023-94, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32293,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31409,"codeId":30802,"versionId":50140,"parentId":58141,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-231","shortTitle":"Section 34-13-231","catchLine":"Deposits into Trust; Trustee Responsibilities; Interests in Funds.","title":"Section 34-13-231 Deposits into Trust; Trustee Responsibilities; Interests in Funds.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-31; Act 2023-94, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32294,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31410,"codeId":30803,"versionId":50142,"parentId":58141,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-232","shortTitle":"Section 34-13-232","catchLine":"Rights of Seller; Powers and Duties of Trustee.","title":"Section 34-13-232 Rights of Seller; Powers and Duties of Trustee.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32295,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31411,"codeId":30804,"versionId":50145,"parentId":58141,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-233","shortTitle":"Section 34-13-233","catchLine":"Rights of Purchaser; Cancellation of Contract; Revocability.","title":"Section 34-13-233 Rights of Purchaser; Cancellation of Contract; Revocability.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-33; Act 2023-94, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32296,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31412,"codeId":30805,"versionId":50148,"parentId":58141,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-234","shortTitle":"Section 34-13-234","catchLine":"Disbursement of Funds.","title":"Section 34-13-234 Disbursement of Funds.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-34; Act 2023-94, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32297,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31413,"codeId":58148,"versionId":null,"parentId":58118,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Cemetery Merchandise and Services Trust Fund.","title":"Division 4 Cemetery Merchandise and Services Trust Fund.","sectionRange":"§34-13-260 to §34-13-277","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32298,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31414,"codeId":30807,"versionId":50162,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-260","shortTitle":"Section 34-13-260","catchLine":"Applicability of Chapter.","title":"Section 34-13-260 Applicability of Chapter.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-40; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32299,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31415,"codeId":30808,"versionId":50163,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-261","shortTitle":"Section 34-13-261","catchLine":"Trust Fund; Trustee; Interests of Purchaser; Seller.","title":"Section 34-13-261 Trust Fund; Trustee; Interests of Purchaser; Seller.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32300,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31416,"codeId":30809,"versionId":37201,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-262","shortTitle":"Section 34-13-262","catchLine":"Trust Contributions; Trustee Responsibilities; Withdrawals; Analysis and Certification by Seller.","title":"Section 34-13-262 Trust Contributions; Trustee Responsibilities; Withdrawals; Analysis and Certification by Seller.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-42; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32301,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31417,"codeId":30810,"versionId":50164,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-263","shortTitle":"Section 34-13-263","catchLine":"Cancellation of Contract; Withdrawal from Trust Fund.","title":"Section 34-13-263 Cancellation of Contract; Withdrawal from Trust Fund.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-43; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32302,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31418,"codeId":30811,"versionId":37202,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-264","shortTitle":"Section 34-13-264","catchLine":"Rights of Seller.","title":"Section 34-13-264 Rights of Seller.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32303,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31419,"codeId":30812,"versionId":25562,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-265","shortTitle":"Section 34-13-265","catchLine":"Endowment Care Fund.","title":"Section 34-13-265 Endowment Care Fund.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32304,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31420,"codeId":30813,"versionId":50165,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-266","shortTitle":"Section 34-13-266","catchLine":"Endowment Care Cemeteries.","title":"Section 34-13-266 Endowment Care Cemeteries.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-46; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32305,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31421,"codeId":30814,"versionId":50166,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-267","shortTitle":"Section 34-13-267","catchLine":"Establishment and Management of Endowment Care Fund.","title":"Section 34-13-267 Establishment and Management of Endowment Care Fund.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-47; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32306,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31422,"codeId":30815,"versionId":50167,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-268","shortTitle":"Section 34-13-268","catchLine":"Maintenance of Records.","title":"Section 34-13-268 Maintenance of Records.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-48; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32307,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31423,"codeId":30816,"versionId":50168,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-269","shortTitle":"Section 34-13-269","catchLine":"Endowment Care Fund Deposits; Qualification as Endowment Care Cemetery.","title":"Section 34-13-269 Endowment Care Fund Deposits; Qualification as Endowment Care Cemetery.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-49; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32308,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31424,"codeId":30817,"versionId":50169,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-270","shortTitle":"Section 34-13-270","catchLine":"Financial Interest in Asset or Business in Which Endowment Care Trust Invests, Etc.; Disposition of Funds.","title":"Section 34-13-270 Financial Interest in Asset or Business in Which Endowment Care Trust Invests, Etc.; Disposition of Funds.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-50; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32309,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31425,"codeId":30818,"versionId":25566,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-271","shortTitle":"Section 34-13-271","catchLine":"Propriety of Expenditures; Income Payments to Cemetery Authority.","title":"Section 34-13-271 Propriety of Expenditures; Income Payments to Cemetery Authority.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-51; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32310,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31426,"codeId":30819,"versionId":50170,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-272","shortTitle":"Section 34-13-272","catchLine":"Disclosure of Activities and Statement of Investments.","title":"Section 34-13-272 Disclosure of Activities and Statement of Investments.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-52; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32311,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31427,"codeId":30820,"versionId":25568,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-273","shortTitle":"Section 34-13-273","catchLine":"Disposal of Assets or Investments.","title":"Section 34-13-273 Disposal of Assets or Investments.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-53; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32312,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31428,"codeId":30821,"versionId":50171,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-274","shortTitle":"Section 34-13-274","catchLine":"Annual Report.","title":"Section 34-13-274 Annual Report.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-54; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32313,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31429,"codeId":30822,"versionId":50172,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-275","shortTitle":"Section 34-13-275","catchLine":"Construction of Mausoleum, Etc.","title":"Section 34-13-275 Construction of Mausoleum, Etc.","sectionRange":null,"content":"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.
","history":"(Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3; §27-17A-55; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32314,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31430,"codeId":30823,"versionId":50173,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-276","shortTitle":"Section 34-13-276","catchLine":"Rulemaking Authority.","title":"Section 34-13-276 Rulemaking Authority.","sectionRange":null,"content":"(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.
","history":"(Act 2002-74, p. 221, §1; §27-17A-56; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32315,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31431,"codeId":45298,"versionId":50174,"parentId":58148,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13-277","shortTitle":"Section 34-13-277","catchLine":"Jurisdiction of Commissioner.","title":"Section 34-13-277 Jurisdiction of Commissioner.","sectionRange":null,"content":"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.
","history":"(Act 2014-216, p. 653, §4; §27-17A-57; Act 2023-94, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32316,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31432,"codeId":51313,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13A","shortTitle":"Chapter 13A","catchLine":"Alabama Genetic Counselor Act.","title":"Chapter 13A Alabama Genetic Counselor Act.","sectionRange":"§34-13A-1 to §34-13A-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32317,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31433,"codeId":51314,"versionId":43974,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-1","shortTitle":"Section 34-13A-1","catchLine":"Short Title.","title":"Section 34-13A-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Alabama Genetic Counselor Act.
","history":"(Act 2019-224, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32318,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31434,"codeId":51315,"versionId":43975,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-2","shortTitle":"Section 34-13A-2","catchLine":"Definitions.","title":"Section 34-13A-2 Definitions.","sectionRange":null,"content":"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:
1. Detects genotypes, mutations, chromosomal changes, abnormalities, or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments.
2. Indicates a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental.
3. Demonstrates genetic or chromosomal damage due to environmental factors.
b. The terms genetic test and genomic test do not include any of the following:
1. Routine physical measurements.
2. Chemical, blood, and urine analyses that are widely accepted and in use in clinical practice.
3. Tests for the use of drugs.
4. Tests for the presence of a pathogen.
5. Analyses of proteins or metabolites that do not detect genotypes, mutations, chromosomal changes, abnormalities, or deficiencies.
6. 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.
","history":"(Act 2019-224, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32319,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31436,"codeId":51317,"versionId":43977,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-4","shortTitle":"Section 34-13A-4","catchLine":"License - Qualifications and Issuance; Temporary License.","title":"Section 34-13A-4 License - Qualifications and Issuance; Temporary License.","sectionRange":null,"content":"(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.
","history":"(Act 2019-224, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32321,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31437,"codeId":51318,"versionId":43978,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-5","shortTitle":"Section 34-13A-5","catchLine":"License - Duration and Renewal; Restoration of License; Inactive Status.","title":"Section 34-13A-5 License - Duration and Renewal; Restoration of License; Inactive Status.","sectionRange":null,"content":"(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).
","history":"(Act 2019-224, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32322,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31438,"codeId":51319,"versionId":43979,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-6","shortTitle":"Section 34-13A-6","catchLine":"Prohibited Activities; Violations.","title":"Section 34-13A-6 Prohibited Activities; Violations.","sectionRange":null,"content":"(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.
","history":"(Act 2019-224, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32323,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31439,"codeId":51320,"versionId":43980,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-7","shortTitle":"Section 34-13A-7","catchLine":"Powers and Duties of Board.","title":"Section 34-13A-7 Powers and Duties of Board.","sectionRange":null,"content":"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.
","history":"(Act 2019-224, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32324,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31440,"codeId":51321,"versionId":43981,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-8","shortTitle":"Section 34-13A-8","catchLine":"Exemptions.","title":"Section 34-13A-8 Exemptions.","sectionRange":null,"content":"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.
","history":"(Act 2019-224, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32325,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31441,"codeId":51322,"versionId":43982,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-9","shortTitle":"Section 34-13A-9","catchLine":"Genetic Counselors Not Authorized to Practice Medicine.","title":"Section 34-13A-9 Genetic Counselors Not Authorized to Practice Medicine.","sectionRange":null,"content":"Nothing in this chapter may be construed as authorizing a genetic counselor to practice medicine.
","history":"(Act 2019-224, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32326,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31442,"codeId":51323,"versionId":49804,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-10","shortTitle":"Section 34-13A-10","catchLine":"Genetic Counseling Fund.","title":"Section 34-13A-10 Genetic Counseling Fund.","sectionRange":null,"content":"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.
","history":"(Act 2019-224, §10; Act 2023-471, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32327,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31443,"codeId":51324,"versionId":43984,"parentId":51313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-13A-11","shortTitle":"Section 34-13A-11","catchLine":"Sunset Provision.","title":"Section 34-13A-11 Sunset Provision.","sectionRange":null,"content":"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.
","history":"(Act 2019-224, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32328,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31444,"codeId":27639,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14","shortTitle":"Chapter 14","catchLine":"Hearing Instrument Dealers and Fitters.","title":"Chapter 14 Hearing Instrument Dealers and Fitters.","sectionRange":"§34-14-1 to §34-14-34","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32329,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31445,"codeId":27640,"versionId":null,"parentId":27639,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§34-14-1 to §34-14-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32330,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31446,"codeId":27641,"versionId":40246,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-1","shortTitle":"Section 34-14-1","catchLine":"Definitions.","title":"Section 34-14-1 Definitions.","sectionRange":null,"content":"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).
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32331,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31447,"codeId":27642,"versionId":40247,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-2","shortTitle":"Section 34-14-2","catchLine":"Licenses or Permits - Required; Display; Duplicates; Corporations, Partnerships, Etc.","title":"Section 34-14-2 Licenses or Permits - Required; Display; Duplicates; Corporations, Partnerships, Etc.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32332,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31448,"codeId":27643,"versionId":40248,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-3","shortTitle":"Section 34-14-3","catchLine":"Licenses - Issuance; Reciprocity; Complaints; Fees.","title":"Section 34-14-3 Licenses - Issuance; Reciprocity; Complaints; Fees.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32333,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31449,"codeId":27644,"versionId":40249,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-4","shortTitle":"Section 34-14-4","catchLine":"Licenses - Examination of Applicants.","title":"Section 34-14-4 Licenses - Examination of Applicants.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32334,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31450,"codeId":27645,"versionId":40250,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-5","shortTitle":"Section 34-14-5","catchLine":"Licenses - Standards and Scope of Examination.","title":"Section 34-14-5 Licenses - Standards and Scope of Examination.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32335,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31451,"codeId":27646,"versionId":40251,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-6","shortTitle":"Section 34-14-6","catchLine":"Licenses - Renewal; Fees; Continuing Education.","title":"Section 34-14-6 Licenses - Renewal; Fees; Continuing Education.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32336,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31452,"codeId":27647,"versionId":40252,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-7","shortTitle":"Section 34-14-7","catchLine":"Apprentice Permit; Hearing Aid Specialist License; Supervision and Training.","title":"Section 34-14-7 Apprentice Permit; Hearing Aid Specialist License; Supervision and Training.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32337,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31453,"codeId":27648,"versionId":40253,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-8","shortTitle":"Section 34-14-8","catchLine":"Business Addresses; Notices; Replacement Certificates.","title":"Section 34-14-8 Business Addresses; Notices; Replacement Certificates.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32338,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31454,"codeId":27649,"versionId":40254,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-9","shortTitle":"Section 34-14-9","catchLine":"Complaint and Hearing; Appeal; Disciplinary Actions.","title":"Section 34-14-9 Complaint and Hearing; Appeal; Disciplinary Actions.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32339,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31455,"codeId":27650,"versionId":21676,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-10","shortTitle":"Section 34-14-10","catchLine":"Receipt to Be Furnished to Person Supplied with Hearing Instrument; Persons Under Age 18 to Be First Examined by Physician.","title":"Section 34-14-10 Receipt to Be Furnished to Person Supplied with Hearing Instrument; Persons Under Age 18 to Be First Examined by Physician.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32340,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31456,"codeId":27651,"versionId":40467,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-11","shortTitle":"Section 34-14-11","catchLine":"Powers and Duties of Board.","title":"Section 34-14-11 Powers and Duties of Board.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32341,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31457,"codeId":27652,"versionId":21677,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-12","shortTitle":"Section 34-14-12","catchLine":"Prohibited Acts and Practices.","title":"Section 34-14-12 Prohibited Acts and Practices.","sectionRange":null,"content":"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.
","history":"(Acts 1971, No. 2425, p. 3858, §13; Acts 1994, No. 94-180, p. 224, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32342,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31458,"codeId":27653,"versionId":21678,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-13","shortTitle":"Section 34-14-13","catchLine":"Chapter Not Applicable to Certain Persons and Practices.","title":"Section 34-14-13 Chapter Not Applicable to Certain Persons and Practices.","sectionRange":null,"content":"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.
","history":"(Acts 1971, No. 2425, p. 3858, §4; Acts 1994, No. 94-180, p. 224, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32343,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31459,"codeId":27654,"versionId":21679,"parentId":27640,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-14","shortTitle":"Section 34-14-14","catchLine":"Penalties.","title":"Section 34-14-14 Penalties.","sectionRange":null,"content":"A violation of this chapter shall be punishable as a Class C misdemeanor.
","history":"(Acts 1971, No. 2425, p. 3858, §19; Acts 1994, No. 94-180, p. 224, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32344,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31460,"codeId":27655,"versionId":null,"parentId":27639,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Board of Hearing Instrument Dealers.","title":"Article 2 Board of Hearing Instrument Dealers.","sectionRange":"§34-14-30 to §34-14-34","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32345,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31462,"codeId":27657,"versionId":21680,"parentId":27655,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-31","shortTitle":"Section 34-14-31","catchLine":"Attorney General to Act as Legal Adviser.","title":"Section 34-14-31 Attorney General to Act as Legal Adviser.","sectionRange":null,"content":"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.
","history":"(Acts 1971, No. 2425, p. 3858, §16; Acts 1989, No. 89-268, p. 408, §3; Acts 1994, No. 94-180, p. 224, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32347,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31463,"codeId":27658,"versionId":40256,"parentId":27655,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-32","shortTitle":"Section 34-14-32","catchLine":"Meetings.","title":"Section 34-14-32 Meetings.","sectionRange":null,"content":"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.
","history":"(Acts 1971, No. 2425, p. 3858, §17; Act 2016-112, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32348,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31464,"codeId":27659,"versionId":40257,"parentId":27655,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-33","shortTitle":"Section 34-14-33","catchLine":"Disposition of Funds.","title":"Section 34-14-33 Disposition of Funds.","sectionRange":null,"content":"(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.
","history":"(Acts 1971, No. 2425, p. 3858, §18; Acts 1994, No. 94-180, p. 224, §3; Act 2016-112, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32349,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31465,"codeId":48382,"versionId":40468,"parentId":27655,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14-34","shortTitle":"Section 34-14-34","catchLine":"Fees.","title":"Section 34-14-34 Fees.","sectionRange":null,"content":"(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.
","history":"(Act 2016-112, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32350,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31466,"codeId":27660,"versionId":null,"parentId":34,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14A","shortTitle":"Chapter 14A","catchLine":"Home Building and Home Improvement Industries.","title":"Chapter 14A Home Building and Home Improvement Industries.","sectionRange":"§34-14A-1 to §34-14A-83","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32351,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31467,"codeId":58976,"versionId":null,"parentId":27660,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Home Builders Licensure Board.","title":"Article 1 Home Builders Licensure Board.","sectionRange":"§34-14A-1 to §34-14A-20","content":null,"history":null,"numChildren":23,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":32352,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31468,"codeId":27661,"versionId":51342,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-1","shortTitle":"Section 34-14A-1","catchLine":"Legislative Intent.","title":"Section 34-14A-1 Legislative Intent.","sectionRange":null,"content":"(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.
","history":"(Acts 1992, No. 92-608, p. 1282, §1; Act 2018-143, §1; Act 2019-482, §1; Act 2024-443, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32353,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31469,"codeId":27662,"versionId":51343,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-2","shortTitle":"Section 34-14A-2","catchLine":"Definitions.","title":"Section 34-14A-2 Definitions.","sectionRange":null,"content":"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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32354,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31471,"codeId":27664,"versionId":43396,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-4","shortTitle":"Section 34-14A-4","catchLine":"Officers; Meetings; Compensation.","title":"Section 34-14A-4 Officers; Meetings; Compensation.","sectionRange":null,"content":"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.
","history":"(Acts 1992, No. 92-608, p. 1282, §4; Act 2006-105, p. 136, §1; Act 2018-143, §1; Act 2019-179, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32356,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31472,"codeId":27665,"versionId":42666,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-5","shortTitle":"Section 34-14A-5","catchLine":"Licenses Required; Exceptions; Fees.","title":"Section 34-14A-5 Licenses Required; Exceptions; Fees.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32357,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31473,"codeId":27666,"versionId":42667,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-6","shortTitle":"Section 34-14A-6","catchLine":"Exemptions.","title":"Section 34-14A-6 Exemptions.","sectionRange":null,"content":"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.
","history":"(Acts 1992, No. 92-608, p. 1282, §6; Act 2002-72, p. 163, §1; Act 2006-105, p. 136, §1; Act 2018-143, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32358,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31474,"codeId":27667,"versionId":51344,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-7","shortTitle":"Section 34-14A-7","catchLine":"Applications for Issuance or Renewal of License; Records; Inactive License.","title":"Section 34-14A-7 Applications for Issuance or Renewal of License; Records; Inactive License.","sectionRange":null,"content":"(a) Any residential home builder who desires to receive a new or renewal license under this chapter shall make and file with the board 30 days prior to the next meeting of the board a written application on a form prescribed by the board. Each applicant shall be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government. The application shall be accompanied by the payment of the annual license fee required by the board. After the board accepts the application, the applicant may be examined by the board at its next meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant:
(1) Experience.
(2) Ability.
(3) Character.
(4) Business-related financial condition.
a. The board may require a financial statement on a form prescribed by the board and a public records search directly from a credit reporting agency.
b. The board may require a positive net worth or other evidence of business-related financial condition sufficient to reasonably satisfy the board of the applicant’s financial responsibility.
c. The board may require that business-related judgments, judgment liens, and other perfected liens must be satisfied and released.
d. Any information obtained by the board pursuant to this subsection relating to the financial condition of an applicant shall not be public information.
(5) Ability and willingness to serve the public and conserve the public health and safety.
(6) Any other pertinent information the board may require.
(b)(1) If the board finds the applicant qualified to engage in residential home building in Alabama, the applicant shall be issued a license. An applicant rejected by the board shall be given an opportunity to be reexamined after a new application has been filed and an additional application fee paid.
(2) A record shall be made and preserved by the board of each examination and the findings of the board pertaining to the examination. A copy of the record shall be made available to any applicant requesting it upon the payment of a reasonable fee to the board.
(c) The board, by rule, may require proof of and maintenance of insurance as a qualification for licensure.
(d) The board, by rule, may establish or adopt, or both, education requirements and may approve, administer, or financially support the program or programs providing residential construction education.
(e)(1) Each licensee shall notify the board within 10 days after notice of the institution of any criminal prosecution against him or her. The notification shall be in writing, by certified mail, and shall include a copy of the specific charge made together with a copy of the indictment, information, or complaint, affidavit, and warrant making the charges.
(2) Each licensee shall notify the board in writing by certified mail within 10 days after he or she receives notice that any criminal verdict has been rendered against him or her, or that a criminal action pending against him or her has been dismissed.
(f) Each licensee shall use a valid written contract when engaging in the business of residential home building. In addition to any other requirements provided by law, the contract shall contain the licensee’s license number issued by the board.
(g) Whenever a licensee engages in advertising, the licensee shall ensure that the licensee’s valid license number issued by the board is displayed.
(h) When any residential home building to be performed will comply with a program designed to enhance the resiliency of the structure beyond the requirements of the applicable building codes, the licensee shall disclose this compliance to the homeowner in writing prior to the commencement of the residential home building.
(i)(1) Any licensee who desires to receive an inactive license shall make and file with the board a written application for an inactive license on a form prescribed by the board prior to the expiration of his or her current license. The application shall be accompanied by the payment of the annual inactive license fee required by the board. No act for which a license is required may be performed under an inactive license. In the event a person holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).
(2) A person holding an expired license who seeks to reactivate his or her license within three years of the date of expiration shall be deemed to have satisfied the experience and ability requirements for licensure if the application is made within the three-year time period and all other licensing requirements pursuant to subsection (a) have been met.
(3) Any building official or building inspector who desires to receive an inactive license shall make and file with the board 30 days prior to the next meeting of the board a written application for an inactive license on a form prescribed by the board. After the board accepts the application, the applicant may be examined by the board at its next board meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant as satisfying the experience and ability requirements for licensure:
a. That the building inspector is an employee of the United States, the State of Alabama, or any municipality, county, or other political subdivision and, by virtue of that employment, is exempted or prohibited by law from holding a license; and
b. That the building inspector does any of the following:
1. Maintains current certification from the Southern Building Code Congress International as one of the following:
(i) Chief building official.
(ii) Deputy building official.
(iii) Building inspector.
(iv) Housing inspector.
(v) Design professional.
(vi) Plan reviewer.
2. Maintains current certification from the International Code Council as one of the following:
(i) Certified building official.
(ii) Building inspector.
(iii) Residential building inspector.
(iv) Property maintenance and housing inspector.
(v) Building plans examiner.
(vi) Design professional.
3. Possesses sufficient building qualifications and experience to receive a license, as demonstrated by satisfactory evidence presented to the board.
(4) In the event a building official or building inspector holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32359,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31475,"codeId":27668,"versionId":42669,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-8","shortTitle":"Section 34-14A-8","catchLine":"Revocation, Etc., of License; Consumer Complaint; Hearing; Appeal; Reissuance; Fines.","title":"Section 34-14A-8 Revocation, Etc., of License; Consumer Complaint; Hearing; Appeal; Reissuance; Fines.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32360,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31476,"codeId":31615,"versionId":26633,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-8.1","shortTitle":"Section 34-14A-8.1","catchLine":"Public Records; Confidential Records and Closed Proceedings; Discovery.","title":"Section 34-14A-8.1 Public Records; Confidential Records and Closed Proceedings; Discovery.","sectionRange":null,"content":"(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.
","history":"(Act 2006-105, p. 136, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32361,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31477,"codeId":27669,"versionId":21681,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-9","shortTitle":"Section 34-14A-9","catchLine":"Roster of Licensees.","title":"Section 34-14A-9 Roster of Licensees.","sectionRange":null,"content":"A complete roster of licensees shall be prepared and published annually by the board.
","history":"(Acts 1992, No. 92-608, p. 1282, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32362,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31478,"codeId":27670,"versionId":21682,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-10","shortTitle":"Section 34-14A-10","catchLine":"Annual Report of Board.","title":"Section 34-14A-10 Annual Report of Board.","sectionRange":null,"content":"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.
","history":"(Acts 1992, No. 92-608, p. 1282, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32363,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31479,"codeId":27671,"versionId":21683,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-11","shortTitle":"Section 34-14A-11","catchLine":"Promulgation of Rules and Regulations; Mailings.","title":"Section 34-14A-11 Promulgation of Rules and Regulations; Mailings.","sectionRange":null,"content":"(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.
","history":"(Acts 1992, No. 92-608, p. 1282, §11; Acts 1997, No. 97-250, p. 457, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32364,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31480,"codeId":27672,"versionId":51345,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-12","shortTitle":"Section 34-14A-12","catchLine":"Standards of Practice; Building Laws and Codes.","title":"Section 34-14A-12 Standards of Practice; Building Laws and Codes.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32365,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31481,"codeId":58978,"versionId":51347,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-12.1","shortTitle":"Section 34-14A-12.1","catchLine":"Applicability of Residential Building Codes.","title":"Section 34-14A-12.1 Applicability of Residential Building Codes.","sectionRange":null,"content":"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.
","history":"(Act 2024-443, §3)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32366,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31482,"codeId":58979,"versionId":51348,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-12.2","shortTitle":"Section 34-14A-12.2","catchLine":"Residential Fire Sprinkler System Requirements.","title":"Section 34-14A-12.2 Residential Fire Sprinkler System Requirements.","sectionRange":null,"content":"(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.
","history":"(Act 2024-443, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32367,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31483,"codeId":27673,"versionId":24214,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-13","shortTitle":"Section 34-14A-13","catchLine":"Issuance of Permits.","title":"Section 34-14A-13 Issuance of Permits.","sectionRange":null,"content":"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.
","history":"(Acts 1992, No. 92-608, p. 1282, §13; Acts 1997, No. 97-250, p. 457, §3; Act 2000-99, p. 121, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32368,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31484,"codeId":27674,"versionId":46841,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-14","shortTitle":"Section 34-14A-14","catchLine":"Violations; Complaint Procedures.","title":"Section 34-14A-14 Violations; Complaint Procedures.","sectionRange":null,"content":"(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.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32369,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31485,"codeId":27675,"versionId":42670,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-15","shortTitle":"Section 34-14A-15","catchLine":"Recovery Fund.","title":"Section 34-14A-15 Recovery Fund.","sectionRange":null,"content":"(a) The board may establish a Homeowners’ Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct result of conduct of a licensee in violation of this chapter or the rules of the board from the Homeowners’ Recovery Fund. Any payments from the Homeowners’ Recovery Fund shall be subject to the following limitations and conditions:
(1) The Homeowners’ Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant to the requirements of subsection (b) of Section 34-14A-8.
(2) The Homeowners’ Recovery Fund shall not make payments based on consent judgments.
(3) Failure of the homeowner to follow any provisions of this chapter shall preclude payment from the Homeowners’ Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of payment from the Homeowners’ Recovery Fund for the following:
(1) Payments for claims based on judgments or settlements against any one licensee.
(2) Payments for claims arising out of the same transaction.
(c) Each licensee shall, on order of the board, pay a fee not to exceed sixty dollars ($60), no more than once a year, per licensee for deposit in the Homeowners’ Recovery Fund. A licensee on inactive status shall not be required to contribute to the Homeowners’ Recovery Fund. The annual Homeowners’ Recovery Fund fee shall be set by the board after considering all expenses incurred by the board in defending, satisfying, or settling any claims paid from the Homeowners’ Recovery Fund.
(d)(1) When a complaint is filed in a court of competent jurisdiction that may result in liability for the Homeowners’ Recovery Fund, the complainant shall notify the board in writing, by certified mail, when the action is commenced.
(2) When the notice is received, the board may enter an appearance, file pleadings, appear at court hearings, and defend or take action it deems appropriate either on behalf and in the name of the defendant or in its own name. The board may seek any appropriate method of judicial review. The board may settle or compromise the claim. Any expenses incurred by the board in defending, satisfying, or settling any claim may be paid from the Homeowners’ Recovery Fund.
(3) When a complainant obtains a valid judgment, excluding consent judgments, in a court of competent jurisdiction against a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim in the court in which the judgment was entered and, on 30 days’ written notice to the board, may apply to the court for an order directing payment out of the Homeowners’ Recovery Fund of the amount remaining unpaid on the judgment.
(4) The court shall proceed on such application and the complainant shall be required to show that:
a. He or she is not the spouse, child, or parent of the debtor, or the personal representative of the spouse, child, or parent or a shareholder, officer, or director of the debtor.
b. He or she has obtained a judgment, as described in this section, stating the amount of the judgment and the amount owing on the judgment at the date of the application, and, that in such action, he or she had joined any and all bonding companies which issued corporate surety bonds to the judgment debtor as principal and all other necessary parties.
c. The following items, if recovered by him or her, have been applied to the actual compensatory damages awarded by the court:
1. Any amount recovered from the judgment debtor.
2. Any amount recovered from bonding companies.
3. Any amount recovered in out-of-court settlements.
(5) The court shall order the Homeowners’ Recovery Fund to pay the sum it finds due, subject to the provisions and limitations of this section.
(e) In the event the board pays from the Homeowners’ Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the board may revoke the license of the licensee and may no longer recognize the experience and ability qualifications of the individual licensee or the qualifying representative of the licensee for licensing purposes. The board may refuse to issue a new license to the former licensee or to recognize the experience and ability qualifications of the individual former licensee or the former licensee’s qualifying representative until the former licensee or the former licensee’s qualifying representative has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the Homeowners’ Recovery Fund. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.
(f) If the balance in the Homeowners’ Recovery Fund is insufficient to satisfy a duly authorized claim or portion of a claim, the board shall, when sufficient money has been deposited in the Homeowners’ Recovery Fund, satisfy the unpaid claims in the order that the claims were filed.
(g) The sums received by the board, pursuant to the provisions of this section, shall be deposited into the State Treasury and held in a special fund to be known as the Homeowners’ Recovery Fund, and shall be held by the board in trust for carrying out the purposes of the Homeowners’ Recovery Fund. These sums may be invested by the State Treasurer in any investments which are legal under the laws of this state. Any interest or other income from investments of the Homeowners’ Recovery Fund shall be deposited into the Homeowners’ Recovery Fund.
(h) When, on order of the court, the board has paid from the Homeowners’ Recovery Fund any sum, the board shall be subrogated to all the rights of the judgment creditor, and all his or her rights, title, and interest in the judgment, to the extent of the amount paid from the Homeowners’ Recovery Fund, shall be assigned to the board. Any amount and interest recovered by the board on the judgment shall be deposited into the Homeowners’ Recovery Fund.
(i) The limitations and conditions of payment from the Homeowners’ Recovery Fund, as established by Act 2002-72, shall not apply in any case where, prior to May 1, 2002, a complainant has obtained a valid judgment in a court of competent jurisdiction against a licensee on the grounds set out in this chapter.
","history":"(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.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32370,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31486,"codeId":27676,"versionId":25348,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-16","shortTitle":"Section 34-14A-16","catchLine":"Applicability to Certain Counties.","title":"Section 34-14A-16 Applicability to Certain Counties.","sectionRange":null,"content":"Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006.
","history":"(Acts 1992, No. 92-608, p. 1282, §16; Act 2002-72, p. 163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32371,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31487,"codeId":27677,"versionId":21684,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-17","shortTitle":"Section 34-14A-17","catchLine":"Sunset Provision.","title":"Section 34-14A-17 Sunset Provision.","sectionRange":null,"content":"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.
","history":"(Acts 1992, No. 92-608, p. 1282, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32372,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":31488,"codeId":31616,"versionId":26634,"parentId":58976,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"34-14A-18","shortTitle":"Section 34-14A-18","catchLine":"Acquisition, Etc., of Real Property; Property Acquisition Fund.","title":"Section 34-14A-18 Acquisition, Etc., of Real Property; Property Acquisition Fund.","sectionRange":null,"content":"(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.
","history":"(Act 2006-105, p. 136, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":32373,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"}]