Title 34 — Title 34
0 chapters · 1,983 sections in this title.
Ala. Code § 34-9-1 Definitions
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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, inha…
Ala. Code § 34-9-10 Application; Licensure by Credentials; Special Purpose License
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(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, e…
Ala. Code § 34-9-10.01 Special Volunteer License
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(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 revocatio…
Ala. Code § 34-9-11 Examination of Applicants; Issuance of Licenses
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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…
Ala. Code § 34-9-12 Recording, Reporting Requirements
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(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 b…
Ala. Code § 34-9-13 License and Registration Certificates to Be Kept in Office of Practitioner
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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 practition…
Ala. Code § 34-9-14 Change of Address Generally
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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-treasure…
Ala. Code § 34-9-15 Annual Registration; Continuing Education
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(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 for…
Ala. Code § 34-9-15.1 Release of Records
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(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…
Ala. Code § 34-9-16 Fee Schedule
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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: Not More Description Than Dental Examination Application Fee $750.00 Dental Examination Fee $2,500.00 Denta…
Ala. Code § 34-9-17 Use of Names
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(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 pu…
Ala. Code § 34-9-18 Grounds for Disciplinary Action
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(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 misr…
Ala. Code § 34-9-19 Advertising - Dentist; Specialty Requirements; Practice Emphasis;
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Purpose of Section; Rules and Regulations. (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…
Ala. Code § 34-9-19.1 Advertising - Dental Referral Service; Requirements; Prohibitions;
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Penalties. (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 RE…
Ala. Code § 34-9-2 Legislative Findings
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(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…
Ala. Code § 34-9-20 Unauthorized Advertising, Selling, or Offering of Dental Services and
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Appliances; Injunctions. 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, reprod…
Ala. Code § 34-9-21 Employing Services of Commercial Dental Laboratory or Private
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Technician. (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 s…
Ala. Code § 34-9-22 Sale, Offer to Sell, Procurement, or Alteration of Diploma or Certificate;
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Fraud or Cheating. 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 r…
Ala. Code § 34-9-23 Title and Letters Signifying Degree
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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 equ…
Ala. Code § 34-9-24 Statement of Charges and Notice of Hearing Before Revocation or
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Suspension of License. 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 char…
Ala. Code § 34-9-25 Judicial Review of Orders of Board
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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,…
Ala. Code § 34-9-26 Examination, Qualifications, Licensing, Etc., of Dental Hygienists
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(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 …
Ala. Code § 34-9-27 Employment, Supervision, and Practice of Dental Hygienists
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(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 l…
Ala. Code § 34-9-28 Notification of Change of Address or Employer; Annual Registration
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Requirements. 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 …
Ala. Code § 34-9-29 Injunctions Against Violations of Chapter
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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 whet…
Ala. Code § 34-9-3 License or Permit Required to Practice Dentistry
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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 dentis…
Ala. Code § 34-9-4 License Required to Practice Dental Hygiene or Expanded Duty Dental
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Assisting. 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 purs…
Ala. Code § 34-9-40 Creation; Composition
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(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 …
Ala. Code § 34-9-41 Officers of Board; Seal; Meetings; Compensation; Disposition of Funds
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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 bus…
Ala. Code § 34-9-42 Bond of Secretary-Treasurer of Board; Annual Report and Audit;
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National Affiliation. 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 …
Ala. Code § 34-9-43 Powers and Duties Generally
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(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…
Ala. Code § 34-9-43.1 Administration and Enforcement of Duties; Consultants
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(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 attorney…
Ala. Code § 34-9-43.2 Legislative Findings; Rulemaking Authority; Liability; Scope
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(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 p…
Ala. Code § 34-9-44 Records to Be Kept by Secretary-Treasurer; Copies and Certificates as
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Evidence. 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…
Ala. Code § 34-9-45 Board to Assist Prosecuting Officers
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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…
Ala. Code § 34-9-46 Subpoenas and Testimony
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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 appea…
Ala. Code § 34-9-47 Taking of Depositions
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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 …
Ala. Code § 34-9-5 Penalties
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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 195…
Ala. Code § 34-9-6 What Constitutes Practice of Dentistry
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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, directl…
Ala. Code § 34-9-6.1 Mobile Dental Facilities or Portable Dental Operations
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(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…
Ala. Code § 34-9-60 Use of Local Anesthesia; Permit to Use General Anesthesia
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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 ge…
Ala. Code § 34-9-60.1 Administration of Infiltration Anesthesia by Dental Hygienists; Permit
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Requirements. (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…
Ala. Code § 34-9-61 Review and Renewal of Permit; Reevaluation of Credentials and
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Facility. (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 hol…
Ala. Code § 34-9-62 Certification in Cardiopulmonary Resuscitation
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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.)
Ala. Code § 34-9-63 Permit to Use Parenteral Sedation
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(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 in…
Ala. Code § 34-9-64 Annual Renewal of Parenteral Sedation Permit; Reevaluation of
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Credentials and Facility. 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 nec…
Ala. Code § 34-9-65 Reports of Mortalities and Other Incidents Resulting from General
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Anesthesia or Sedation. (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 re…
Ala. Code § 34-9-7 Exemption of Certain Practices and Operations
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(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 …
Ala. Code § 34-9-7.1 Exemption of Participation in Continuing Education Course
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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 b…
Ala. Code § 34-9-7.2 Registration of a 501(C)(3) Entity
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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 th…