Title 34 — Title 34

Program. (a)(1) The board, at its discretion and subject to the rules adopted by the board, may issue a certificate of qualification on behalf of physicians meeting the requirements for participation in the Retired Senior Volunteer Program (RSVP). (2) The Retired Senior Volunteer…

(a) The board may develop, implement, and maintain a permit that allows an individual who meets certain criteria and qualifications, as further provided in subsection (c), to practice medicine as a bridge year graduate physician. A permitted bridge year graduate physician shall p…

This chapter shall be known and may be cited as the Polygraph Examiners Act. History: (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) It shall be unlawful for any person, including a city, county, or state employee, to administer polygraph examinations or attempt to hold himself or herself out as a polygraph examiner without a license approved by the board and issued by the board. (b) It shall be unlawful f…

(a) A person is qualified to receive a license as an examiner: (1) Who is at least 21 years of age; (2) Who is a citizen of the United States or, if not a citizen of the United States, who is a person who is legally present in the United States with appropriate documentation from…

Information. (a) Applications for original license shall be made to the board in writing under oath on forms prescribed by the board and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of th…

(a) Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in w…

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the board, in its discretion, upon payment of the appropriate fees as provided in Section 34-25-26 and the production…

(a) Upon approval by the board, the board shall issue an internship license to a trainee provided he or she applies for such license and pays the required fee within 10 days prior to the commencement of his or her internship. The application shall contain such information as may …

The fee requirements of this chapter shall apply to all polygraph examiners, including those employed by governmental agencies, and to those who engage in polygraph examinations on any commercial basis. The fees to be paid, effective October 1, 2019, are as follows: (1) For an ex…

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the board members and shall be issued under the seal of the board. History: (Acts 1971, No. 2056, p. 3307…

Notice in writing shall be given to the board by the licensed examiner of any change of principal business location within 30 days of the time he or she changes the location. A change of business location without notification to the board shall automatically suspend the license t…

(a)(1) Each polygraph examiner’s license shall be issued for the term of one year and shall, unless suspended or revoked, be renewed annually as prescribed by the board. A polygraph examiner whose license has expired may at any time within two months after the expiration obtain a…

(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…

No action or counterclaim shall be maintained by any person in any court in this state with respect to any agreement or service for which a license is required by this chapter or to recover such services for which a license is required by this chapter without alleging and proving…

The board may refuse to issue a license, may issue oral or written reprimands to an examiner, may place an examiner on probation, or may suspend or revoke a license on any one or more of the following grounds: (1) Failing to inform a subject to be examined that his or her partici…

by One Examiner or Trainee Not to Affect Employer. Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiner for whom the offending exami…

(a) Where there is cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the board shall, not less than 30 days before refusal, suspension, or revocation action is taken, notify such person in writing, in person or by registered or certifie…

Review. Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county w…

of License. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the board; failure of a licensee to do so shall be a violation of this chapter and, upon conviction, shall be subject to the penalties set forth in this…

(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…

Expenditures; Per Diem and Travel Expenses for Board Members; Purchasing; Board Exempt from Sales Tax. (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, ov…

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. History: (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 …

The Legislature declares that in order to safeguard the health, safety, and welfare of the people of Alabama against the unauthorized, unqualified, and improper administration of prosthetic and orthotic care, it is necessary to provide for the licensing and regulation of persons …

There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama State Board of Orthotists and Prosthetists Fund. All receipts and administrative fines collected by the board pursuant to this chapter shall be deposited in the fund and us…

(a) The board shall issue a license or registration to any person who meets the qualifications required by this chapter and who pays the respective fees fixed by the board. (b) Any person who is issued a license as an orthotic, prosthetic, or prosthetic/orthotic practitioner or o…

(a) The board shall promulgate rules and regulations for all licensure fees, registration fees, renewal fees, and accreditation fees. The application fee for licensure as an orthotist, prosthetist, orthotist assistant, prosthetist assistant, prosthetist/orthotist, or pedorthist s…

(a) Any person who practices prosthetics, orthotics, or pedorthics without first having obtained from the board a license, registration, or renewal thereof shall, upon conviction, be guilty of a Class B misdemeanor. (b) The board may, in its own name, bring an action in circuit c…

Nothing in this chapter shall authorize a mastectomy fitter to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other medical conditions; to perform surgery of any type or description; or to prescribe any dru…

(a) The members of the board and all employees of the board shall be subject to the State Ethics Law, Sections 36-25-1 to 36-25-30, inclusive. (b) The board shall be subject to the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-…

This chapter shall be known as the Prosthetics and Orthotics Act. History: (Act 2002-527, p. 1376, §2.)

As used in this chapter, the following terms have the following meanings: (1) ACCREDITED FACILITY. A facility where prosthetic, orthotic, prosthetic and orthotic, or pedorthic care is provided to patients needing such care and has met the requirements of the board for such design…

(a) A licensed prosthetist, licensed orthotist, or licensed prosthetist/orthotist may provide services utilizing new prostheses or orthoses for which he or she is licensed and only under a written order from an authorized health care practitioner. A consultation with and periodic…

(a) Except as provided in subsection (h) or (i), no person shall administer prosthetic, orthotic, or pedorthic care in this state unless licensed or registered to do so in accordance with this chapter. The board shall issue approved forms for application prior to January 1, 2003.…

(a) The board may invoke disciplinary action as outlined in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act, that any person or entity to whom a lic…

The board shall perform all the following duties: (1) Establish and publish continuing education requirements for persons licensed in this chapter. (2) Examine for, approve, deny, revoke, suspend, reinstate, and renew licensure accreditation or registration of duly qualified appl…

(a) Effective October 1, 2009, the existing Alabama State Board of Prosthetists and Orthotists is abolished. Notwithstanding the foregoing, members on the board serving on October 1, 2009, shall continue to serve until their successors are appointed. Effective October 1, 2009, a …

(a) Regarding the board created by Act 2009-300, initial appointments shall be staggered such that two members are appointed for one year, two members are appointed for two years, and two members appointed for three years and three members are appointed for four years. Thereafter…

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

Records. (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 classi…

(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. History: (Act 2013-306, p. 1021, §15.)

Upon receipt of an application and applicable fees, the board shall conduct an investigation to determine whether the statements made in the application are true. History: (Act 2013-306, p. 1021, §16.)