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Alabama Statutes, Title 34

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Alabama/Statutes

← All Alabama coverage

Title 34

67 chapters · 1,838 sections in this title.

All chapters in Title 341,838 Ch 24, Physicians and Other Practitioners o…214 Ch 13, Funeral Services103 Ch 23, Pharmacists and Pharmacies71 Ch 9, Dentists and Dental Hygienists63 Ch 21, Nurses63 Ch 7B, Alabama Board of Cosmetology and Bar…60 Ch 3, Attorney-at-Law55 Ch 27, Real Estate Brokers53 Ch 26, Psychologists51 Ch 8A, Counselors47 Ch 30, Social Workers47 Ch 27A, Real Estate Appraisers43 Ch 29, Veterinarians43 Ch 22, Optometrists42

103 sections·Filtered byTitle 34✕Ch 13✕

Ala. Code § 34-13-1 Definitions
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(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 instr…
Ala. Code § 34-13-10 Violations
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Unless otherwise provided herein, violation of any part of this chapter shall be a Class A misdemeanor which may be prosecuted and shall be punishable as such under the laws of Alabama. (Acts 1975, No. 214, p. 705, §53; Acts 1981, No. 81-200, p. 234, §4; Act 2017-433, §1.)
Ala. Code § 34-13-11 Authorizing Agent; Right of Disposition
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(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 …
Ala. Code § 34-13-12 Truthfulness of Documentary Information; Rights and Obligations of Licensee; Liability
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(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…

Ala. Code § 34-13-2 Purpose of Chapter

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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 the…

Ala. Code § 34-13-3 Construction and Application of Chapter

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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 a…

Ala. Code § 34-13-4 Distribution and Maintenance of Statues, Rules, and List of Licenses

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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…

Ala. Code § 34-13-5 Courts Having Jurisdiction; Initiation of Proceedings

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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 v…

Ala. Code § 34-13-6 Recourse by a Licensee Against Unreasonable Orders or Wrongful Interpretations by the Board

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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 ar…

Ala. Code § 34-13-7 Embezzlement, Abstracting, or Willfully Misapplying Moneys Collected; Bribery

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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 …

Ala. Code § 34-13-8 Certified Copy of Official Documents

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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 sha…

Ala. Code § 34-13-9 Pricing Requirements

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(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…

Ala. Code § 34-13-20 Creation; Composition; Qualifications of Members; Appointment and Removal from Board

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(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 …

Ala. Code § 34-13-21 Membership Districts

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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 mor…

Ala. Code § 34-13-22 Meetings; Quorum

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(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 notic…

Ala. Code § 34-13-23 Officers; Rulemaking Authority of Board; Compensation; Executive Director; Disposition of Funds

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(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 …

Ala. Code § 34-13-24 Oath of Members

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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…

Ala. Code § 34-13-25 Hearings to Be Public; Record of Proceedings

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All hearings provided for by this chapter shall be conducted pursuant to the Alabama Administrative Procedure Act. (Acts 1975, No. 214, p. 705, §31; Act 2017-433, §1.)

Ala. Code § 34-13-26 Rulemaking Authority; Establishment and Conduct of Committees and Subcommittees

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(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 witn…

Ala. Code § 34-13-27 Seal; Scope of Rules; Rulemaking Authority of Preneed Division

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(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 pr…

Ala. Code § 34-13-29 Audit and Payment of Expenses

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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 pr…

Ala. Code § 34-13-30.1 (Effective until October 1, 2027) Transfer and Disposition of Funds; Administrative Fee for Funeral Establishments

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(a) Beginning with the 2024 fiscal year, the Department of Insurance may transfer to the board quarterly, for deposit by the board into the Alabama Board of Funeral Services Fund, the total amount of three hundred thousand dollars ($300,000) per fiscal year, to defray costs assoc…

Ala. Code § 34-13-31 Appeal from Decision of Board

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(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 appe…

Ala. Code § 34-13-110 Operation through Licensed Director or Embalmer; Name Requirements; Advertising Cremation or Cremation Services

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(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 perm…

Ala. Code § 34-13-111 License Required; Inspections; Transfer of License; Change of Ownership

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(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 …

Ala. Code § 34-13-112 Employment of Embalmer or Director by Other Establishments; Supervision and Control; Licensing of Establishment Not to License Embalmer or Director

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(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 …

Ala. Code § 34-13-113 Application for License; Inspection of Establishment; Issuance of License; Proof of Liability Insurance

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(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 s…

Ala. Code § 34-13-114 Reissuing License Upon Change of Name

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(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 s…

Ala. Code § 34-13-115 Revocation, Suspension, or Refusal to Renew License

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(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 …

Ala. Code § 34-13-116 Penalty for Failure to Register

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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 …

Ala. Code § 34-13-117 Disposition of Remains

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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 …

Ala. Code § 34-13-120 License Required; Crematory Requirements; Application and Inspection; Records; Violations; Rulemaking Authority

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(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 an…

Ala. Code § 34-13-120.1 License Requirements; Certification

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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…

Ala. Code § 34-13-121 Cremation Procedures; Authorization; Identification of Remains; Records

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(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 …

Ala. Code § 34-13-122 Disposition of Cremated Remains

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(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 ye…

Ala. Code § 34-13-123 Violations

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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 ch…

Ala. Code § 34-13-130 Apprentice Requirements; Application; Course of Apprenticeship

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(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…

Ala. Code § 34-13-131 Annual Renewal of Certificate; Reactivations

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(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 reinstate…

Ala. Code § 34-13-132 Annual Report and Skills Evaluation

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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 repor…

Ala. Code § 34-13-133 Leave of Absence

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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 du…

Ala. Code § 34-13-134 Duties of Driver Involved in Motor Vehicle Accident; Removal of Vehicle from Roadway

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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. …

Ala. Code § 34-13-50 Board Recognition of Schools and Colleges

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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 th…

Ala. Code § 34-13-51 Reciprocity of Licenses

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(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 …

Ala. Code § 34-13-52 Execution and Display of Licenses

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(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 dis…

Ala. Code § 34-13-53 Renewal of Licenses; Continuing Educaiton; Records

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(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 e…

Ala. Code § 34-13-54 Transferability

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No license granted under or regulated by this chapter shall be transferable or assignable, unless otherwise authorized by this chapter. (Acts 1975, No. 214, p. 705, §10; Act 2017-433, §1; Act 2022-339, §1.)

Ala. Code § 34-13-55 Renewal of Past Due License, Certificate, or Registration; Reactivation

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(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 penal…

Ala. Code § 34-13-56 Grounds for Revocation, Suspension, or Refusal to Issue or Renew Licenses, Etc.; Hearing; Fines

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(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 …

Ala. Code § 34-13-56.1 Unlawful Practice Without a License

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(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…

Ala. Code § 34-13-57 Executive Director to Provide Notice of Examination

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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 an…