Title 34

(a) The interstate commission, by a majority of commissioners present and voting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first interstate commission meeting. (b) The interstate c…

(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the sco…

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the purposes and intent of the compact. The provisions of the compact and the rules promulga…

(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact. (b) The interstate commission, by majority vote of the commissioners, may initiate legal action in the United States District Court for the District…

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact. (b) If the interstate commiss…

(a) The interstate commission, upon the request of a member state, shall attempt to resolve disputes which are subject to the compact and which may arise among member states or member boards. (b) The interstate commission shall promulgate rules providing for both mediation and bi…

(a) Any state is eligible to become a member state of the compact. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of th…

(a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (b) Withdrawal from the compact shall …

(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state. (b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or …

(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of the compact shall be liberally construed to effectuate its purposes…

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (c) All lawful actions of the interstate commission,…

This article shall be known as and may be cited as the Alabama Pain Management Act. (Act 2013-257, p. 673, §1.)

The Legislature finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitute a serious threat to the health, safety, and welfare of the citizens of the State of Alabama. …

(a) Authority. The Alabama Board of Medical Examiners shall have the jurisdiction and authority necessary to carry out the provisions and intent of this article. (b) Intent. The article is intended to require physicians to register under the provisions of this article, and to pro…

Unless otherwise indicated from the context, the terms set out below, as used in this article shall have the following meanings: (1) APPLICANT. A person who has submitted or that is in the process of submitting a registration under this article. (2) BOARD. The Alabama Board of Me…

(a) Beginning January 1, 2014, and continuing each year thereafter: (1) All physicians providing pain management services shall obtain a pain management registration from the board. (2) All physicians who otherwise meet the criteria established by the board shall obtain a pain ma…

(a) All registrants must provide pain management services at a location that is owned and operated by one of the following: (1) One or more physicians licensed to practice medicine in Alabama. (2) A business entity registered with the Secretary of State. (3) A governmental entity…

Each physician serving as the medical director at a practice location shall meet at least one of the following requirements: (1) Successful completion of a residency program in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, fami…

(a) Physicians registered under this article shall make all records, notes, and files of the registrant open to inspection. In carrying out the intent of this article, the board shall have all of the power and authority that it currently possesses in its current capacity under Se…

(a) The board or its agents, on its own motion or in response to a written complaint, may investigate known or suspected violations of this article and may issue subpoenas. (b) In addition to the powers granted under this article, the board or its agents are further authorized to…

(a) A violation of this article or a rule adopted under this article is grounds for disciplinary action and sanctions against a registrant as provided in this section. (b) A violation of this article may be enforced in the same manner as any other violation of Sections 20-2-50 to…

Nothing in this article shall be construed to limit the ability of the Board of Medical Examiners to exercise authority existing prior to the passage of this article. (Act 2013-257, p. 673, §2.)

It is the intent of the Legislature to expand access to safe, effective health care services for the residents of this state through the use of various electronic devices and technologies. The Legislature finds and declares the following: (1) Telehealth has proven to be a viable …

For the purposes of this article, the following terms have the following meanings: (1) ASYNCHRONOUS. The electronic exchange of health care documents, images, and information that does not occur in real time, including, but not limited to, the collection and transmission of medic…

(a) Physicians who engage in the provision of telehealth medical services to any individual in this state must possess a full and active license to practice medicine or osteopathy issued by the Medical Licensure Commission. (b) Notwithstanding subsection (a), a physician who enga…

(a) A physician providing telehealth medical services shall owe to the patient the same duty to exercise reasonable care, diligence, and skill as would be applicable if the service or procedure were provided in person. Telehealth medical services shall be governed by the Medical …

(a) A prescriber may prescribe a legend drug, medical supplies, or a controlled substance to a patient as a result of a telehealth medical service if the prescriber is authorized to prescribe the drug, supplies, or substance under applicable state and federal laws. To be valid, a…

(a) A physician who provides a telehealth medical service shall comply with all federal and state laws, rules, and regulations applicable to the provision of telehealth medical services, including the Health Insurance Portability and Accountability Act (HIPAA), and shall use devi…

(a) The Board of Medical Examiners and the Medical Licensure Commission may adopt rules regulating the provision of telehealth medical services by physicians in this state, even if the rules displace competition. (b) Rules adopted by the Board of Medical Examiners and the Medical…

(a) This article, and the rules adopted by the Board of Medical Examiners and the Medical Licensure Commission, shall apply only to the provision of telehealth medical services by physicians to individuals located in this state. (b) The Board of Medical Examiners, the Medical Lic…

This chapter shall be known and may be cited as the Polygraph Examiners Act. (Acts 1971, No. 2056, p. 3307, §1.)

For the purposes of this chapter, the following terms have the following meanings: (1) BOARD. The Polygraph Examiners Board. (2) CHAIR. The member of the Polygraph Examiners Board selected by the board to act as chair. (3) INTERNSHIP. The study of polygraph examinations and of th…

(a) Every polygraph examiner shall use a polygraph device during a polygraph examination. (b) Patterns of other physiological changes may also be recorded during a polygraph examination. (c) The use of any polygraph device to detect or to verify the truth of statements which does…

(a) There is established a Polygraph Examiners Board consisting of five voting members who are citizens of the United States and residents of the state for at least two years prior to appointment, all of whom shall have been engaged for a period of four consecutive years in their…

(a) The board shall issue regulations and forms consistent with this chapter for the administration and enforcement of this chapter. (b) An order or a certified copy thereof, over board seal and purporting to be signed by the board members, shall be prima facie proof that the sig…

Nothing in this chapter shall be construed as permitting the results of truth examinations or polygraph examinations to be introduced or admitted as evidence in a court of law. (Acts 1971, No. 2056, p. 3307, §26.)

If any person violates any provisions of this chapter, the board shall, upon direction of a majority of the board, in the name of the State of Alabama, apply in any circuit court of competent jurisdiction for an order enjoining such violation or an order enforcing compliance with…

Any person who violates any provision of this chapter or any person who falsely states or represents that he or she has been or is a polygraph examiner or trainee shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor …

This chapter shall be known and may be cited as the “Alabama Private Investigation Regulatory Act.” (Act 2013-306, p. 1021, §1.)

(a) Except as otherwise provided in this article, it shall be unlawful for any individual to act as a private investigator or private investigator apprentice without first obtaining a license from the board. For prosecution purposes, a violation of this article is classified as a…

(a) Except as provided in subsection (b), an application and all information on an application for licensure as a private investigator, private investigator apprentice, or private investigation agency shall be treated as confidential and shall be filed with the board on forms pre…

Each individual applicant for a license as a private investigator shall meet all of the following criteria: (1) Is at least 21 years of age. (2) Has successfully completed a criminal history background check based on criteria established by the board. (3) Has not been declared by…

(a) An individual may obtain a license as a private investigator apprentice and work under the supervision of a private investigator. (b) An applicant for a private investigator apprentice license shall meet all of the following criteria to obtain a license: (1) Be at least 18 ye…

(a) Upon receipt of an application for a license as a private investigator pursuant to this article, nonrefundable, nonprorateable application fees shall be submitted to the board by the applicant for both of the following services: (1) A request that the Alabama State Law Enforc…

(a) The board shall issue to every private investigator licensee and private investigator apprentice licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain all of the following information of the licensee: (1) Name. (2) P…

Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee. (Act 2013-306, p. 1021, §15.)