Title 34 — Title 34

All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized in Section 36-19-31. The State Fire Marshal may expend monies from the State Fire Marshal’s Fund for the administration and enforcement …

Whenever the State Fire Marshal has reason to believe that any individual, partnership, corporation, association, or joint venture is or has been violating any provision of this chapter, the State Fire Marshal or his or her deputy or assistant may issue and deliver to the individ…

The administration of this chapter is vested in the State Fire Marshal who shall have the power to set or make changes in the amount of the fee charged as necessary for the administration and enforcement of this chapter. History: (Act 2009-657, p. 2020, §1.)

(a) It shall be unlawful for any individual, partnership, corporation, association, or joint venture to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of a fire alarm system in this state except in conformity with this chapter. (b…

(a) Every fire alarm system installed in this state shall have a record of completion signed by a certified fire alarm contractor, in accordance with the requirements of the adopted building code and fire alarm code. The record of completion and all supporting documents shall be …

(a) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business as a fire alarm contractor shall submit to the State Fire Marshal on standard forms provided by the State Fire Marshal a completed application. The applicant shall inclu…

If the required fee has been paid, satisfactory written proof from the NICET has been provided that the requirements have been met and a competency test was passed when required by this chapter, and the proposed certificate holder is found to be a responsible, managing owner, par…

A certificate holder may not obtain a State Fire Marshal’s permit for more than one fire alarm contractor at any time. A certificate holder may only hold a certificate for the fire alarm contractor where he or she is currently employed. If the certificate holder leaves the employ…

A State Fire Marshal’s permit shall expire annually at midnight on September 30. At least 30 days prior to expiration, a renewal application with a renewal fee shall be submitted. A permit which is not renewed prior to expiration shall be null and void on the expiration date, and…

If a certified fire alarm contractor desires to do business in any part of the state, he or she shall deliver to the local building official a copy of his or her State Fire Marshal’s permit. The local building official shall require a copy of the State Fire Marshal’s permit befor…

(a) Any person representing himself or herself as a dietitian, nutritionist, or dietitian/nutritionist shall first meet the qualifications set forth below in subdivisions (1) through (4) or subdivision (5) of this subsection: (1) Prior to the enactment hereof, such persons shall …

In addition to other rights granted a dietitian/nutritionist or registered dietitian, by whatever name, and notwithstanding any other provision of law, a dietitian/nutritionist or registered dietitian meeting the qualifications set forth in Section 34-34-1, may, upon referral by …

It is a Class C misdemeanor for any person not meeting the criteria of Section 34- 34-1 to use, in connection with his or her name or place of business, the word “dietitian,” “dietician,” “nutritionist,” “registered dietitian,” “registered dietician,” or the letters “D,” “R.D.,” …

Dietitians/Nutritionists. Any person employed by a licensed health care facility and who does not meet the requirements of subsection (a) of Section 34-34-1 on May 7, 1984, may continue to represent himself or herself as a dietitian/nutritionist while employed by the licensed hea…

This chapter shall be known as the “Dietetics/Nutrition Practice Act.” History: (Acts 1989, No. 89-866, p. 1733, §1.)

This chapter does not prevent or restrict the practice, services, or activities of: (1) A dietetic technician, from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist provided such activities are related to employment. (2) A…

Reciprocity shall be provided for licensed dietitians/nutritionists from other states provided that the standards for licensing in that state are not less than those provided for in this chapter as determined by the board. History: (Acts 1989, No. 89-866, p. 1733, §11.)

For one year beginning on May 17, 1989, the board shall waive the examination requirement and grant a license to any person who: (1) Is registered with the Commission on Dietetic Registration, or (2) Has received a baccalaureate or post baccalaureate degree with a major in dietet…

(a) Any license issued under this chapter expires two years after it is issued unless renewed in the manner prescribed by the board. (b) An applicant for renewal of a license must have satisfactorily maintained continuing education requirements through the Commission on Dietetic …

(a) The board may deny a license, refuse to renew a license, suspend a license, or revoke a license, or it may reprimand, censure, or otherwise discipline a person practicing dietetics/nutrition or offering to practice dietetics/nutrition in accordance with the provisions of this…

(a) It shall be a misdemeanor for any person to: (1) Sell or fraudulently obtain or furnish any license or aid or abet therein. (2) Practice dietetics/nutrition or use the title dietitian/nutritionist under cover of any license illegally or fraudulently obtained or unlawfully iss…

It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics and nutrition. The provisions of this chapter shall not apply to hospitals doing business in Al…

For the purposes of this chapter, the following terms shall have the meanings herein ascribed to them unless the context clearly indicates otherwise: (1) BOARD. Board of Examiners for Dietetics/Nutrition Practice. (2) COMMISSION ON DIETETIC REGISTRATION (CDR). Commission on Diete…

Dietetics/nutrition is the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food, management, and behavioral and social sciences to achieve and maintain people’s health. The primary function of dietetic practice is the pr…

Only a person licensed or otherwise authorized to practice under this chapter shall practice dietetics/nutrition or provide nutrition care services or use the title “dietitian/nutritionist” or the words “dietitian” or “nutritionist” alone or in combination, or use the letters L.D…

Term of Membership; Duties of Board. (a) The State Board of Examiners for Dietetics/Nutrition Practice is hereby created. (b) The board shall consist of three members. Two members of the board shall be dietitians/nutritionists licensed under this chapter. One member of the board …

To qualify as a licensed dietitian or nutritionist, an applicant must: (1) Be 19 years of age or older. (2) Submit evidence of good moral character and respectability. (3) File a written application on a form provided by the board. (4) Have satisfactorily completed appropriate ac…

There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Alabama State Board of Examiners for Dietetics/Nutrition Practice Fund. All receipts collected by the board under the provisions of this chapter are to be deposited in this …

(a) A temporary license to practice as a dietitian/nutritionist may be issued by the board upon the filing of an application and submission of evidence of successful completion of education requirements specified in Section 34-34A-7. (b) A temporary license shall expire one year …

(a) The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state lice…

(a) The compact 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 …

(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) Except as otherwise provided in this compact, venue is proper and judicial proc…

(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 compact commission shall convene and review the enactment of each of the first seven member stat…

(a) This compact and the compact commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be con…

(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the compact are superseded to the exten…

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 2024-366, §1.)

As used in this compact, the following terms have the following meanings: (1) ACEND. The Accreditation Council for Education in Nutrition and Dietetics or its successor organization. (2) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the active armed forces …

(a) To participate in the compact, a state must currently license and regulate the practice of dietetics and have a mechanism in place for receiving and investigating complaints about licensees. (b) A member state shall: (1) Participate fully in the compact commission’s data syst…

(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) Satisfy one of the following: a. Hold a valid current registration that gives the applicant the right to use the term “registered dietitian”; or b. Complete all of the fol…

(a) A licensee may hold a home state license, which allows for a compact privilege in other member states, in only one member state at a time. (b) If a licensee changes his or her home state by moving between two member states: (1) The licensee shall file an application for obtai…

An active military member, or his or her spouse, 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. History: (Act 2024-366, §1.)

(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 do both of the following: (1) Take adverse action against a licensee’s compact privilege within that member state. (2) Issue …

(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted the compact known as the Dietitian Licensure Compact Commission. The compact commission is an instrumentality of the compact stat…

(a) The compact commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system. (b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules. (c) Notwithstanding …

As used in this chapter, the following terms shall have the following meanings ascribed to them, unless the context clearly indicates otherwise: (1) TRANSIENT MERCHANT. Any person that transacts transient business in this state either in one locality or by traveling from place to…

(a) The provisions of this chapter shall not apply to: (1) Civic and nonprofit organizations, wholesale sales to retail merchants by commercial travelers or agents selling in the usual course of business; (2) Wholesale trade shows or conventions; (3) Sales of goods, wares, servic…

A transient merchant may not transact business in any county in this state unless the merchant, and the owner of the merchandise or provider of the services to be offered, if the merchandise is not owned or the services are not provided by the merchant, has secured a license in a…

(a) A transient merchant who desires to transact business in a county in this state must apply for and obtain a license in each county in which the merchant desires to transact business. The license application shall be filed with the probate judge and must include: (1) The name …

The tax assessor in each county shall prepare appropriate forms for license applications, license certificates, and license renewals issued under this chapter. History: (Acts 1985, No. 85-693, p. 1114, §5.)

Agents; Procedure Where No Agent Designated or Agent Cannot Be Found. (a) Each applicant for a transient merchant license shall designate a registered agent on the license application. The registered agent must be a resident of the county and shall be the agent on whom any proces…