Title 34 — Title 34

The availability of oral conscious sedation, if advertised, shall be done without reference to sleep, snooze, or any other expression indicating a total or partial loss of consciousness. History: (Act 2005-298, 1st Sp. Sess., p. 563, §6.)

Prior to issuance of a permit for oral conscious sedation, the board may require an on-site inspection of the personnel, the facility, and the equipment to determine if the requirements of this article have been met. The on-site inspection shall be conducted by an investigator em…

A dentist who holds only an oral conscious sedation permit may not use or administer general anesthesia or parenteral sedation, or both, as those terms are used in this chapter. History: (Act 2005-298, 1st Sp. Sess., p. 563, §8.)

An oral conscious sedation permit must be renewed annually upon payment of a renewal fee and proof of completion of any continuing education requirements established by rule of the board. History: (Act 2005-298, 1st Sp. Sess., p. 563, §9; Act 2009-18, p. 43, §5; Act 2018- 274, §1…

When oral conscious sedation is used on any patient under 12 years of age, the following provisions shall apply: (1) The drugs, dosages, and techniques used should carry a margin of safety which is unlikely to render the patient noninteractive and nonarousable. (2) Appropriately …

Business Arrangements or Relationships; Penalties. (a) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 may do any of the following: (1) Employ a dentist or dental hygienist in the operation of a dental offic…

Violation of any provision of this article shall subject the dentist to the penalties in Section 34-9-18, and no order imposing those penalties shall be made or entered except after notice and hearing by the board as provided by that section. Such order shall be subject to judici…

(a) No person shall open, operate, or maintain a private employment agency in the State of Alabama without first procuring a license from the Commissioner of the State Department of Revenue of Alabama. Any person who shall open or conduct any such agency without first procuring a…

(a) Every applicant for a license shall file with the Commissioner of Revenue a written application stating the name and address of the applicant, the street and number of the building in which the employment agency is to be conducted, the name of the person who is to be responsi…

General Management; Expiration of License; Application for Renewal. (a) There shall appear on the license the name of the licensee, the location of the office where the employment agency is to be conducted, the name of the person who is to be charged with the general management, …

Corporation. No license granted under the terms of this chapter shall be transferable, but an employment agency may, with the approval of the Commissioner of Revenue, at any time, incorporate or admit a partner or partners to the business or profession or make changes in a corpor…

Every applicant for a license under this chapter shall pay an annual license fee of $50 upon issuance or renewal of the license, beginning on or before October 1, 1965, and annually thereafter. History: (Acts 1965, 1st Ex. Sess., No. 224, p. 304, §5.)

For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30. (2) DESIGN COORDINATION. The rev…

A state, county, or local governmental agency or authority, or an official or employee thereof, may not engage in the practice of engineering or land surveying involving either public or private property without the project being under the responsible charge of a professional eng…

(a) The board may reprimand, censure, suspend, revoke, place on probation, recover costs, or fine any licensee or certified engineer intern or land surveyor intern or firm holding a certificate of authorization or refuse to issue, renew, or reinstate the certificate of any licens…

(a) The board may levy a civil penalty and recover costs from any individual or firm for any of the following activities: (1) Engaging in the practice or offering to practice engineering or land surveying in the state without being authorized in accordance with the provisions of …

(a) Any person or entity, including the board or its staff, may file a complaint alleging a violation of this chapter against any individual licensee, certified intern, or firm holding a certificate of authorization or against an unlicensed individual or firm. The complaint shall…

The board, for reasons it may deem sufficient, may reissue a certificate of licensure or intern certification to any person or certificate of authorization to any firm whose certificate has been revoked, provided a majority of the board votes in favor of reissuance. The board sha…

Any person who is aggrieved by the denial of a certificate by the board or by any disciplinary action by the board taken pursuant to Section 34-11-11 may appeal within 30 days to the Circuit Court of Montgomery County, exclusively, notwithstanding the provisions of the Alabama Ad…

This chapter shall not be construed to prevent or to affect any of the following: (1) The practice of any other legally recognized profession or trade. (2) The work of an engineer intern or land surveyor intern, employee, or a subordinate of any person holding a certificate of li…

(a) Any person who practices, offers to practice, or holds himself or herself out as qualified to practice engineering or land surveying in this state or uses in connection with his or her name or otherwise assumes, uses, or advertises any title or description including, but not …

Appeal. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-550 EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1997, No. 97-683, p. 1332, §2; Act 2004-501, p. 954, §1.)

(a) A person in either public or private capacity may not practice or offer to practice engineering or land surveying, unless he or she shall first have submitted evidence that he or she is qualified so to practice and shall be licensed by the board as hereinafter provided or unl…

A roster showing the names and addresses of all licensed professional engineers, all professional land surveyors, and all who possess current certifications as engineer interns or land surveyor interns shall be published by the board as provided for by board rule. History: (Acts …

(a) A State Board of Licensure for Professional Engineers and Land Surveyors is created. It shall be the duty of the board to administer this chapter. The board shall consist of five members licensed as professional engineers, two members licensed as professional land surveyors, …

(a) Board members shall at all times maintain eligibility to serve on the board avoiding relationships that would interfere with the board mission of protecting health, life, safety, welfare, and property. (b) Each member of the board shall be a citizen of the United States and a…

Each member of the board shall be entitled to the maximum allowable per diem set by the board when actually attending to the work of the board or any of its committees and for the time spent in necessary travel and shall be reimbursed for traveling expenses as provided in Article…

The Governor may remove any member of the board for misconduct, incompetency, neglect of duty or for any other sufficient cause. Vacancies in the membership of the board by death, resignation, or for any reason shall be filled for the unexpired term by appointment by the Governor…

The board shall hold at least two regular meetings each year. The two regular meetings of the board shall be held in the City of Montgomery. The legal office of the board shall be located in the City of Montgomery. Special meetings shall be held at the time and place as the rules…

(a) The board shall have the power to adopt and amend bylaws and rules not inconsistent with the constitution and laws of this state, as may be reasonably necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations, and…

(a) In addition to the powers provided to the board by Section 34-11-35, the Legislature finds and declares all of the following: (1) The power to adopt rules regulating the practice of engineering and land surveying in the state includes the power to prohibit unlicensed persons …

The executive director of the board shall receive and account for all money derived under this chapter. All funds collected shall be deposited with the State Treasurer. With the exception of the civil penalties deposited in the General Fund as provided in Section 34-11-11.1, the …

(a) The board shall keep a record of its proceedings. (b) The board shall maintain a record of all applications for licensure, certification, and certificate authorization. (c) The records of the board shall be prima facie evidence of the proceedings of the board set forth and a …

The board may approve engineering, land surveying, and related science programs which shall be accepted under the following criteria: (1) PROFESSIONAL ENGINEER. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for lic…

(a) Applications for licensure as a professional engineer, professional land surveyor, engineer intern, or land surveyor intern shall be on forms prescribed and furnished by the board and shall contain a declaration made under penalty of perjury. Three or more of the references c…

(a) Examinations shall be held at such times and places as the board determines and upon payment of an examination fee. The board shall determine the acceptable passing grade on state-specific examinations. (b) When examinations are required on fundamental subjects, the applicant…

(a) The board shall issue a certificate of licensure to any applicant for licensure as a professional engineer or professional land surveyor who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In the case of a professional engineer, the …

(a) The board, by rule, shall establish a procedure for renewing certificates of licensure on an annual or a biennial basis. It shall be the duty of the board to notify every licensee under this chapter of the expiration of the license and the fee required for the renewal. The bo…

(a)(1) A firm that practices or offers to practice engineering or land surveying is required to obtain a certificate of authorization from the board in accordance with rules adopted by the board. (2) An entity that performs engineering services or land surveying services for itse…

A duplicate certificate of licensure, intern enrollment document, or certificate of authorization may be issued subject to the rules of the board. A fee established by rule shall be paid for each issuance. History: (Act 2018-550, §2.)

For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of Registration for Foresters. (2) PRACTICE OF FORESTRY. Any professional service such as consultation, investigation, evaluation,…

Registration shall be determined upon a basis of individual, personal qualifications. No firms, companies, partnerships, or corporations can be licensed under this chapter. History: (Acts 1957, No. 533, p. 750, §17.)

(a) A person not a resident of, and having no established place of business in Alabama, or who has recently become a resident thereof, may use the title of registered forester and practice forestry provided: (1) Such person is legally licensed as a registered forester in his or h…

(a) Any person who shall practice or offer to practice the profession of forestry in this state without being registered or exempted in accordance with this chapter; or any person who shall use in connection with his or her name or otherwise assume, use, or advertise any title or…

(a) In order to benefit and protect the public, no person in either public or private capacity shall practice or offer to practice forestry, unless he or she has submitted evidence that he or she is qualified so to practice and is registered by the board as hereinafter provided o…

A roster showing the names and places of business of all registered foresters qualified according to this chapter shall be prepared by the secretary of the board during the month of January biennially in even-numbered calendar years. Copies of this roster shall be posted on the b…

(a) A State Board of Registration for Foresters is created whose duty it shall be to administer this chapter. The board shall consist of five foresters, who shall be selected and appointed by the Governor of Alabama from among 10 nominees recommended by the Alabama Division of th…

Each member of the board shall be a citizen of the United States and a resident of the State of Alabama, a “registered forester” under the provisions of this chapter, and have been engaged in the practice of the profession of forestry for the last 10 years prior to such appointme…

Each member of the board shall receive a nominal sum of $50 per diem when actually attending to the work of the board or any of its committees and for the time spent in necessary travel and, in addition thereto, shall be reimbursed for all traveling expenses as provided in Articl…

The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment only in the manner provided by this chapter for the appointment of members of the board…